IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20100028777 


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 (Certificate of Release or Discharge from Active Duty), item 5 (Date of Birth (DOB)), to show
6 Nxxxxxxx instead of 1 Nxxxxxxx.  

2.  The applicant states his Certificate of Live Birth shows his DOB as
6 Nxxxxxxx.

3.  The applicant provides his:

* Certificate of Live Birth
* DD Form 214
* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States)

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.  He enlisted in the Regular Army on 16 June 1998 for a period of 3 years.  He reenlisted on 7 July 2000 and 18 December 2003.  

3.  His DD Form 1966 (Record of Military Processing - Armed Forces of the U.S.), dated 25 October 1997, shows his DOB as 6 Nxxxxxxx.

4.  He enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program on 
25 October 1997.  His DD Form 4, item 6 (DOB), is listed as 1 Nxxxxxxx.

5.  On 7 July 2000, he reenlisted.  His DD Form 4, item 6, lists his DOB as 
1 Nxxxxxxx.  

6.  On 18 December 2003, he reenlisted again.  His DD Form 4, item 6, lists his DOB as 6 Nxxxxxxx.  

7.  On 16 June 1998, he was discharged and his DD Form 214, item 5, lists his DOB as 1 Nxxxxxxx.  

8.  His Certificate of Live Birth from the State of Georgia lists his DOB as 
6 Nxxxxxxx.  

DISCUSSION AND CONCLUSIONS:

1.  The DOB entered on his DD Form 1966 is the same DOB that is listed on his Certificate of Live Birth.  

2.  The DD Forms 4, dated 25 October 1997, and 7 July 2000, contain a DOB that is clearly in error.  The DOB entered on his DD Form 214 is also in error. Therefore, item 5 of his DD Form 214 should be corrected to show his DOB as 
6 Nxxxxxxx.

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:

   a.  deleting the entry in item 5 of his DD Form 214; and 
   
   b.  adding to item 5 of his DD Form 214 "1xxxxxx06."




      _______ _   _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)                                         AR20100028777



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ABCMR Record of Proceedings (cont)                                         AR20100028777



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