IN THE CASE OF:	 

		BOARD DATE:	  17 December 2015

		DOCKET NUMBER:  AR20150006288 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as XX December  vice XX September .

2.  The applicant states the DOB listed on his DD Form 214 is not the DOB shown on his birth certificate.

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.  The applicant was inducted into the Army of the United States (AUS) on 13 September 1966.  His DD Form 47 (Record of Induction), dated 13 September 1966, shows his DOB as XX December .

3.  His DA Form 20 (Personnel Qualification Record), created upon his entry on active duty, shows his DOB as XX September .  

4.  His record contains a Standard Form 601 (Immunization Record) with entries dated between 15 September 1966 and 11 November 1967 wherein it shows his DOB as XX December .

5.  He was honorably released from active duty on 13 September 1966 and he was transferred to the U.S. Army Reserve.  Item 9 (DOB) of the DD Form 214 he was issued contains the entry XX September 

6.  The applicant provides his birth certificate, issued on 2 December 1999, wherein it shows he was born on XX December .

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant's DOB was listed as XX December  upon his induction into the AUS.  It appears an error occurred when his DA Form 20 was created and his DOB was entered incorrectly as XX September .  This error was compounded when his DD Form 214 was prepared with his DOB listed as XX September .

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 amending his DD Form 214 by deleting the entry in item 9 and replacing it with the DOB entry as shown on his DD Form 47.




      _______ _   _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)                                         AR20150006288





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ABCMR Record of Proceedings (cont)                                         AR20150006288



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