IN THE CASE OF:	  

		BOARD DATE:	 31 May 2012 

		DOCKET NUMBER:  AR20110024970 


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 that the date of birth shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to 19 June 1962.

2.  The applicant states he discovered the error when he received a copy of his records in 2011.

3.  The applicant provides copies of the DD Form 214 and his current driver's license showing his date of birth as 19 June 1962.

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 enlisted in the U.S. Army Reserve (USAR) as a Reserve Officers’ Training Corps cadet on 3 September 1980.  He provided his date of birth as 19 June 1962 at that time.

3.  He was ultimately commissioned as a USAR officer and served on active duty for 3 years, 5 months, and 22 days.  His 2 March 1988 DD Form 214 lists his date of birth as 7 February 1963.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided 19 June 1962 as his date of birth when he entered the Service.  His current driver's license confirms that date.

2.  His date of birth is recorded erroneously on his DD Form 214.   It should be corrected.

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 correcting the date of birth recorded on his 2 March 1988 DD Form 214 to read "19 June 1962."




      _______ _   __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)                                         AR20110024970





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ABCMR Record of Proceedings (cont)                                         AR20110024970



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