IN THE CASE OF:	   

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120019704 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB).

2.  The applicant states a typing error caused his DOB to be incorrectly listed.

3.  The applicant provides a copy of a Certificate of Live Birth.

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 military record contains a DD Form 372 (Application for Verification of Birth for Official U.S. Armed Forces Use Only), dated 11 May 

1966, that shows the Bureau of Vital Statistics, Nashville, TN was asked to verify the applicant's DOB.  On 13 May 1966, the State Registrar verified the applicant's DOB was " uary ."

3.  On  May 1966, the applicant enlisted in the Regular Army.  He was trained in and awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

4.  The applicant's military record lists his DOB as " uary " or
" uary 19" on various documents.

5.  On 23 May 1969, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist five (SP5)/E-5.  He completed 3 years of creditable active duty service.  Item 9 (DOB) of his
DD Form 214 lists his DOB as "  ."

6.  He provided a copy of his Certification of Birth, issued on 14 April 1971, that shows his DOB as  uary .

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his DOB incorrectly documented in his military record was carefully considered and was found to have merit. 

2.  The evidence of record shows the applicant's DOB was verified during his enlistment processing as  uary .  His military record also contains official documents that list his DOB as  uary .

3.  Although the applicant's DOB is listed differently on multiple official documents as  uary  or  uary 19, he provided his Certificate of Live Birth that confirms his DOB as  uary .  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his DOB as recorded 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 from item 9 of his DD Form 214 the current entry and replacing it with the entry " uary ."



      ___________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)                                         AR20120019704



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ABCMR Record of Proceedings (cont)                                         AR20120019704



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