IN THE CASE OF:	  

		BOARD DATE:	    14 November 2013

		DOCKET NUMBER:  AR20130005641 


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 30  instead of 20 .

2.  The applicant states his DOB is shown as 20  on his DD Form 214, but it needs to be changed to 30 .
 
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 373 (United States Armed Forces - Consent, Declaration of Parent or Legal Guardian), dated 26 December 1961, shows his DOB as 30 .  He enlisted in the Regular Army on 27 December 1961 for a period of 3 years.  He served as an ordnance supply specialist and he was released from active duty on 14 December 1964.

3.  Item 6 (DOB) of his DD Form 214 shows his DOB as 20 .

4.  His DA Form 41 (Record of Emergency) shows his DOB as 30 .

DISCUSSION AND CONCLUSIONS:

The applicant contends he was born on 30  and his DD Form 
373 and DA Form 41 support this contention.  Based on the foregoing, it would be appropriate to correct item 6 of his DD Form 214 to show his DOB as 
30 .

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 the entry in item 6 of his DD Form 214 and replacing it with the entry 
"30 Jan 44."




      __________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)                                         AR20130005641





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ABCMR Record of Proceedings (cont)                                         AR20130005641



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