BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20140000200 


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 (Certificate of Release or Discharge from Active Duty) to show her date of birth (DOB) as 14 October 1981 instead of 14 January 1981

2.  The applicant states:

* her DOB is wrong on her DD Form 214
* it is currently listed as 14 January 1981, but it should read 14 October 1981
* she feels it is just a clerical error 

3.  The applicant provides no additional evidence.

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 U.S. Army Reserve on 5 January 1999.  Her DD Form 4 (Enlistment/Reenlistment Document) shows her DOB as 14 October 1981.

3.  She was discharged from the U.S. Army Reserve and enlisted in the Regular Army on 23 February 2001 for a period of 3 years.  Her DD Form 4 shows her DOB as 14 October 1981.  On 15 September 2004, she was honorably released from active duty.

4.  Item 5 (DOB) of her DD Form 214 shows her DOB as 14 January 1981.

DISCUSSION AND CONCLUSIONS:

The applicant contends she was born on 14 October 1981 and her DD Forms 4 support this contention.  Based on the foregoing, it would be appropriate to correct item 5 of her DD Form 214 to show her DOB as 14 October 1981.

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 
deleting the current entry from item 5 of her DD Form 214 and replacing it with the DOB shown on her DD Form 4.

      __________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)                                         AR20140000200



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ABCMR Record of Proceedings (cont)                                         AR20140000200



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