BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140000700 


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 28 February 1973.

2.  The applicant states:

* his DOB should be shown as 28 February 1973
* he should be listed as retired from the Army

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 (USAR) under the Delayed Entry Program (DEP) on 22 October 1992.  He was discharged from the USAR DEP and enlisted in the Regular Army on 18 November 1992 for a period of 3 years.

3.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his DOB as 28 February 1973.

4.  On 24 April 1999, he was retired by reason of temporary disability and placed on the Temporary Disability Retired List the following day.

5.  His DD Form 214 shows in:

* item 5 (DOB) – 20 February 1973
* item 23 (Type of Separation) – RETIREMENT

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born on 28 February 1973 and his DD Form 4 supports this contention.  Based on the foregoing evidence, it would be appropriate to correct item 5 of his DD Form 214 to show his DOB as 28 February 1973.

2.  The evidence of record supports the applicant's contention that he should be listed as retired from the Army.  Item 23 of his DD Form 214 properly shows the type of separation as "RETIREMENT" which indicates his  retired status Therefore, no corrective action on this issue is required.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  _X___  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 from item 5 of his DD Form 214 the current entry and replacing it with the DOB shown on his 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)                                         AR20140000700



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ABCMR Record of Proceedings (cont)                                         AR20140000700



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