BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140016769 


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 the date of birth shown on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states his birthday is 30 May.

3.  The applicant provides copies of his birth certificate, state weapon permit, and driving license all showing his birthday as 30 May.

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 was inducted on 29 June 1966.  On the DD Form 398 (Statement of Personal History) that he completed upon his induction he gave his birthday as 30 May.  Both 30 May and 29 May are shown as his birthday at various places in his records.

3.  On 28 June 1968, the applicant was honorably released from active duty and transferred to the Army Reserve in pay grade E-5.  His DD Form 214 lists his birthday as 29 May.  

DISCUSSION AND CONCLUSIONS:

The applicant listed his birthday as 30 May on the DD Form 398 he completed when he was inducted.  The DD Form 214 should be changed accordingly.

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 changing his DD Form 214 to show he was born on 30 May.  




      _______ _ 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)                                         AR20140016769





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016769



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1