IN THE CASE OF:	  

		BOARD DATE:	  3 October 014

		DOCKET NUMBER:  AR014000568 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 14 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 June 1967 to show his date of birth (DOB) is  June  vice  January .

.  He states he believes a typographical error was made when the DD Form 14 was created, and the error wasn't corrected before he left.

3.  He provides his Certificate of Birth and his DD Form 14 for the period ending 8 June 1967.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 155(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.

.  On 13 January 1967, the applicant enlisted in the Regular Army (RA).  Item 15 (DOB) of the DD Form 4 (Enlistment Record - Armed Forces of the United States) completed at that time shows the entry " Jan 48."

3.  The following documents show his DOB as  June :

* DA Form 307 (U.S. Army Request for National Agency Check), dated 16 January 1967
* Standard Form 88 (Report of Medical Examination), dated  March 1967
* DA Form 61 (Request for Records and Official Statement of Service from The Adjutant General), dated 16 March 1967

4.  On 8 June 1967, he was discharged for physical disability that existed prior to service.  Item 9 (DOB) of the DD Form 14 issued at that time shows the entry " Jan 48."

5.  On 1 December 1976, he enlisted in the U.S. Army Reserve.  Item 7 (DOB) of the DD Form 4 completed at that time shows the entry "0 June ."

6.  On 13 February 1977, he entered active duty.  On 17 March 1977, he was discharged for the convenience of the Government for failing to meet procurement medical fitness standards.  Item 4 (DOB) of the DD Form 14 issued at that time shows the entry (in year, month, day format) "58  6  ."

7.  He provides a Certificate of Birth showing his DOB is  June .

DISCUSSION AND CONCLUSIONS:

The available evidence indicates an error was made in recording the applicant's DOB when he enlisted in the RA and that this error was carried forward onto his DD Form 14 for the period ending 8 June 1967.  It would be appropriate to correct this error by replacing the entry in item 9 of his DD Form 14 for the period ending 8 June 1967 with the DOB recorded on his Certificate of Birth.

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 current entry from block 9 of his DD Form 14 for the period ending 8 June 1967 and replacing it with the DOB shown on his Certificate of Birth.



      _______ _   _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)                                         AR014000568





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ABCMR Record of Proceedings (cont)                                         AR014000568






ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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