BOARD DATE:	  21 May 201

		DOCKET NUMBER:  AR2012001956 


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  January  instead of  June .

2.  The applicant states his DOB is incorrect on his DD Form 214.

.  The applicant provides his birth certificate and 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  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 -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 Regular Army on 6 October 1964.  He was honorably released from active duty as an overseas returnee on 6 October 1967 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 11 months, and 28 days of total active service.

.  A thorough review of every document contained in his available military personnel record, many of which bear his signature, shows that his date of birth consistently appears as  January .

4.  Item 9 (Date of Birth) of his DD Form 214 shows his date of birth as  June .

5.  The applicant provides his birth certificate on which his date of birth appears as  January .

6.  Army Regulation 65-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  It states item 9 is self-explanatory.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his DOB as  January  vice  June .

2.  The applicant's service documents show his DOB as  January  and the applicant has provided a birth certificate which supports this date.  It appears the incorrect DOB listed on his DD Form 214 was a result of a typographical error and/or administrative oversight.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his DOB as  January .

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 current entry from item 9 of his DD Form 214 and replacing it with the entry " Jan 9."



      _______ _  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)                                         AR2012001956








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ABCMR Record of Proceedings (cont)                                         AR2012001956



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