IN THE CASE OF:	

		BOARD DATE:	 10 April 2012 

		DOCKET NUMBER:  AR20110020166


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 28  instead of 27 .

2.  He states his DOB is incorrect.  He states he noticed the error when he applied for a Department of Veterans Affairs home loan.

3.  He provides his DD Form 214 and his State of Maine Birth Registration Card.

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.  On 7 September 1966 in preparation for his upcoming enlistment, the applicant completed a Standard Form 88 (Report of Medical Examination) wherein he listed his DOB as 28  in item 12 (DOB).

3.  On 15 September 1966, he applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 28  in item 5 (DOB).

4.  On 17 October 1966, he enlisted in the Regular Army.  Item 15 (DOB) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his DOB as 28 .

5.  On 16 October 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 9 (DOB) of his DD Form 214 shows his DOB as 27 .

6.  Throughout his records his DOB consistently appears as 28  with the exception of his DD Form 214 and his DA Form 20 (Enlisted Qualification Record) on which his DOB is typed as 27 .

7.  The applicant provides his State of Maine Birth Registration Card that shows his DOB as 28 .

DISCUSSION AND CONCLUSIONS:

The applicant contends his DOB is incorrectly documented on his DD Form 214. 
The evidence of record shows he consistently listed his DOB as 28  throughout his military career.  He now provides a Birth Registration Card which confirms his DOB as 28 .  His DOB is listed differently on his DD Form 214; therefore, his record should be corrected to present a proper and factual record of his true DOB.  In view of the foregoing, there is sufficient basis to grant the requested relief in this case.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 "27 Dec 47" from item 9 of his DD Form 214 and replacing it with the entry "28 Dec 47."



      _____________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)                                         AR20100015378



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ABCMR Record of Proceedings (cont)                                         AR20110020166



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