IN THE CASE OF:	  

		BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140001630 


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 correct date of birth (DOB).

2.  The applicant states his DOB is XX December 1949, not XX December 1940.

3.  The applicant provides a copy of his Certification 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.  The applicant was appointed as a Reserve warrant officer in the rank of chief warrant officer two and he entered active duty on 29 February 1984.

3.  A DA Form 873 (Certificate of Clearance and/or Security Determination), prepared on 15 April 1991, shows the applicant's DOB as "XX Dec 49."

4.  A DA Form 3713 (Data for Retired Pay), completed during the applicant's retirement processing, shows in item 6 (DOB) "XX Dec 49."

5.  The applicant's DD Form 214 shows he was honorably retired from active duty on 28 February 1994.  It also shows in item 5 (DOB) the entry "401221"
(i.e., XX December 1940).

6.  In support of his application, the applicant provides a State of Tennessee, Department of Health, Certification of Birth, filed on 12 January 1950 that shows he was born on XX December 1949.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant's DOB is XX December 1949 and that his DOB is correctly recorded in his military service records.  It appears the applicant's DOB was incorrectly recorded on his DD Form 214 due to an administrative error.  Therefore, it would be appropriate at this time 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 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 deleting from item 5 of his DD Form 214 the current entry and replacing it with the entry as shown on his Certification 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)                                         AR20140001630



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ABCMR Record of Proceedings (cont)                                         AR20140001630



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