IN THE CASE OF:	  

		BOARD DATE:	    19 November 2013

		DOCKET NUMBER:  AR20130005482 


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 birth month as November.

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

3.  The applicant provides his DD Form 214 and birth certificate.

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 June 1967, he was inducted into the Army of the United States.

3.  His DD Form 47 (Record of Induction) and DD Form 398 (Statement of Personal History) show his birth month as November. 

4.  He was honorably released from active duty on 6 June 1969.  His DD Form 214 shows his birth month as May.

5.  He submits a copy of his birth certificate showing his birth month as November.

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 47, DA Form 398, and birth certificate show his birth month as November.

2.  Evidence shows that his birth month was incorrectly entered as May on DD Form 214.  As such, he is entitled to have his birth month corrected on his DD Form 214 to that shown 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 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 birth month as shown on his birth certificate.  



      _______ _  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)                                         AR20130005482





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ABCMR Record of Proceedings (cont)                                         AR20130005482



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