BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110008183 


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) to show his date of birth (DOB) as “14 Oxxxxxx xxxx” vice “15 Oxxxxxx xxxx.”  

2.  He states he made attempts to correct this error while he was still in the Army and he was assured that it had been done.  

3.  He provides copies of:

* His birth certificate
* his state driver license
* His social security card
* A registration acknowledgement card
* A notification letter 

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.  His record shows he enlisted in the Regular Army on 31 July 1984.  A copy of his enlistment document for this period of service is not in the available record; however, on 10 March 1984, the applicant underwent a medical entrance examination.  The Report of Medical Examination shows his DOB as 14 Oxxxxxx xxxx.

3.  His DD Form 214 shows he was released from active duty on 29 April 1988 and transferred to the California Army National Guard (CAARNG).  Item 5 (DOB) of this form shows his DOB as 15 Oxxxxxx xxxx.

4.  The applicant’s Enlistment/Reenlistment Document – Armed Forces of the United States shows he enlisted in the CAARNG on 30 April 1988.  Item 6 (DOB) of this form shows his DOB as 14 Oxxxxxx xxxx.

5.  His record contains a DA Form 428 (Application for Identification Card), dated 22 August 1988, and a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 9 March 1990 from the CAARNG.  Both forms show his DOB as 14 Oxxxxxx xxxx.

6.  The applicant provided a copy of his birth certificate, driver license, and registration acknowledgment card that all show his DOB as 14 Oxxxxxx xxxx.  

7.  He also provided a letter from the California State Personnel Board, dated     7 April 2001.  This letter states that the DOB listed on his DD Form 214 did not match the DOB he listed on his application for veteran’s preference.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DOB was carefully considered and was found to have merit. 

2.  The evidence of record shows at the time he entered the Army, his DOB was listed as 14 Oxxxxxx xxxx.  His military records also contain official documents which list his DOB as 14 Oxxxxxx xxxx. 

3.  In view of the foregoing, his DD Form 214 should be corrected to show his correct DOB is “14 Oxxxxxx xxxx.”


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 Item 5 of his DD Form 214 by deleting the current entry and listing his DOB as it is listed on his DA Form 428. 




      _______ _   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)                                         AR20110008183



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ABCMR Record of Proceedings (cont)                                         AR20110008183



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