IN THE CASE OF:	  

		BOARD DATE:	  23 February 2016

		DOCKET NUMBER:  20150008650 


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 24 .

2.  The applicant states the DOB on this DD Form 214 is incorrect due to an administrative error.

3.  The applicant provides:

* Certificate of Live Birth showing the DOB of 24 
* DD Form 214 showing the DOB of 21 

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 1 March 1966.  

3.  His record contains a DD Form 398 (Statement of Personal History), dated 
28 February 1966; and DA Form 20 (Enlisted Qualification Record), each showing his DOB as 24 .

4.  He was released from active duty on 10 February 1968.  His DD Form 214 shows in item 9 (DOB):  21 .

5.  He provides a Certificate of Live Birth showing his DOB as 24 .

DISCUSSION AND CONCLUSIONS:

The available evidence shows that during the preparation of his DD Form 214 an administrative error occurred resulting in the applicant's DOB being incorrectly entered.  Therefore, this DD Form 214 should be corrected to show his DOB as 24 .

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 is 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 from his DD Form 214 the current entry in item 9 and replacing it with 24 .

      __________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)                                         20100016261



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ABCMR Record of Proceedings (cont)                                         20150008650



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