IN THE CASE OF: BOARD DATE: 29 July 2008 DOCKET NUMBER: AR20080008196 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 that item 5 (Date of Birth) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 9 June 1956 instead of 9 August 1956. 2. The applicant states that his date of birth is incorrect on his DD Form 214. 3. The application indicates that the applicant provided a copy of his passport; however, this document was not available. 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 military records are not available to the Board. This case is being considered using reconstructed records, which primarily consist of his DD Form 214, an Application for Enlistment, and two enlistment contracts. 3. The applicant’s 1977 Application for Enlistment shows his date of birth is 9 June 1956. He enlisted on 3 October 1977 and remained on active duty through continuous reenlistments. His enlistment contract, dated 8 October 1981, shows his date of birth is 9 June 1956. His final enlistment contract, dated 30 June 1995, shows his date of birth is 9 August 1956. On 28 February 1998, the applicant retired in the rank of sergeant first class. 4. Item 5 on the applicant’s DD Form 214 shows his date of birth is 9 August 1956. DISCUSSION AND CONCLUSIONS: Although the applicant’s 1995 enlistment contract shows he was born on 9 August 1956, the preponderance of evidence in this case shows the applicant was born on 9 June 1956. Therefore, it would be appropriate to correct item 5 on his DD Form 214 to show this date. BOARD VOTE: ___xx___ ___xx___ ___xx___ 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: a. deleting the entry in item 5 on his DD Form 214; and b. adding the entry, “19560609” in item 5 on his DD Form 214. ________xxxx__________ 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) AR20080008196 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008196 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1