IN THE CASE OF: 

		BOARD DATE:	    20 May 2014

		DOCKET NUMBER:  AR20130016242 


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 her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show her date of birth (DOB) as 11 January XXXX instead of 1 November XXXX.

2.  She states her DOB was erroneously entered on her DD Form 214 as 
1 November XXXX.  She didn't notice the error until July 2013 when a financial institution was reviewing her DD Form 214 to verify her prior military status.  Her DOB needs to be corrected.

3.  She provides her Florida State Driver License and DD Form 214.

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 enlisted in the Regular Army on 3 October 1994 and she reenlisted on 16 December 1998 and 29 November 2001.  Her enlistment contracts show her DOB as 11 January XXXX.

3.  Her Enlisted Record Brief shows her DOB as 11 January XXXX.  

4.  She was honorably discharged on 25 October 2003.  The DD Form 214 she was issued shows her DOB as 1 November XXXX.  

5.  She provided a copy of her Florida State Driver License which shows her DOB as 11 January XXXX.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record includes documents which show her DOB as 
11 January XXXX and her driver license also show her DOB as 11 January XXXX.  However, her DD Form 214 shows her DOB as 1 November XXXX.

2.  It appears that an administrative error occurred when her DOB was recorded on her DD Form 214.  Therefore, it would be appropriate to correct her DD Form 214 to show her DOB as it is recorded on her driver license.

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 her DD Form 214 to show her DOB as it is recorded on her driver license.



      ____________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)                                         AR20130016242



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ABCMR Record of Proceedings (cont)                                         AR20130016242



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