IN THE CASE OF:	  

		BOARD DATE:	 9 May 2013

		DOCKET NUMBER:  AR20120019508


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 XX June 1964, instead of XX June 1963.

2.  The applicant states his DOB is incorrect.

3.  The applicant provides his DD Form 214 and State of New York Certified Transcript of Birth.

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.  On 15 November 1983, the applicant enlisted in the Regular Army.  Item        7 (DOB) of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his DOB as XX June 1963.

3.  On 17 November 1983, he completed a DA Form 428 (Application for Identification Card), wherein he listed his DOB in item 10 (DOB) as XX June 1964.

4.  On 30 January 1984, he was granted a security clearance.  His DOB is listed on his DA Form 873 (Certificate of Clearance and/or Security Determination) as XX June 1964.  

5.  On 14 November 1986, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 5 (DOB) of his DD Form 214 shows his DOB as XX June 1963.

6.  The applicant provides his State of New York Certified Transcript of Birth, which shows his DOB as XX June 1964.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show his DOB as XX June 1964.

2.  The evidence of record shows he enlisted in the Regular Army using XX June 1963 as his DOB.  It appears he used XX June 1964 as his DOB throughout the remainder of his military service; however, his DD Form 214 was completed using the DOB represented on his DD Form 4.

3.  He now provides a Certificate of Birth which confirms his DOB as XX June 1964.  It is not unreasonable to conclude his DD Form 4 and DD Form 214 were completed in error.  As such, it would be appropriate to correct his DD Form 214 to show his correct DOB.


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 amending item 5 of his DD Form 214 by deleting the current entry and adding the DOB as it is listed on his Certificate of Birth.



      ____________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)                                         AR20100015378



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ABCMR Record of Proceedings (cont)                                         AR20120019508



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