IN THE CASE OF:	  

		BOARD DATE:	  1 March 20

		DOCKET NUMBER:  AR20110016977 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his DOB is  July .

3.  The applicant provides:

* Birth certificate
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's DD Form 398 (Statement of Personal History), dated 3 April 1969, shows he was born on  July .  

3.  He was inducted into the Army of the United States on 17 April 1969.  On 
5 November 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

4.  Item 9 of his DD Form 214 shows he was born on  June .

5.  His service personnel records show his DOB as  June  and  July .  His Standard Form 88 (Report of Medical Examination), dated 
4 November 1970, shows he was born on  July .

6.  He provides a birth certificate, issued on 4 April 1973, which shows he was born on  July .

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born on  July  and his birth certificate shows he was born on this date. 

2.  The evidence of record shows the applicant's DOB as  July  at the time of his induction.  Therefore, it would be appropriate to correct item 9 of his DD Form 214 to show this date as it is listed on his birth certificate.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 9 of his DD Form 214 and adding the DOB as it is listed on his birth certificate.



      _______ _  X _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20110016977





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ABCMR Record of Proceedings (cont)                                         AR20110016977



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