BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110025204 


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 as 
7 June 1946.

2.  The applicant states his date of birth is incorrect on his DD Form 214.

3.  The applicant provides a copy of his 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 4 (Enlistment Record – Armed Forces of the United States) shows his date of birth as 7 June 1946.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his date of birth as 7 June 1946.

4.  Item 9 (Date of Birth) of the applicant's DD Form 214 shows his date of birth as 7 June 1947.

5.  Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents.  It required the entry of the Soldier's date of birth in item 9 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his year of birth as 1946.

2.  The evidence of record clearly shows the applicant recorded his date of birth as 7 June 1946 when he enlisted and this date was used throughout his active duty service.

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.

4.  However, his DD Form 214 was issued showing his date of birth as 7 June 1947.

5.  In view of the above, the applicant's request should be granted.

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 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 amending his DD Form 214 to show his date of birth as 7 June 1946.



      ___________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)                                         AR20110025204



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ABCMR Record of Proceedings (cont)                                         AR20110025204



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