BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140004188 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as "3 Axxxx XXXX" vice "22 Axxxx XXXX."

2.  The applicant states, in effect, his DOB was incorrectly listed on his DD Form 214.

3.  The applicant provides:

* Certificate of Birth
* Orders Number 265, dated 23 September 1975
* DD Form 214
* letters, dated 26 February 2014 and 9 April 2014

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's record contains a DD Form 398 (Statement of Personal History), dated 2 April 1974, wherein he listed his DOB as "3 Axxxx XXXX."

3.  His record contains a DD Form 4 (Enlistment Contract – Armed Forces of the United States), showing he enlisted in the Regular Army on 22 April 1974.  This form shows his DOB as "3 Axxxx XXXX."  

4.  His DA Form 2-1 (Personnel Qualification – Part I) shows his DOB as 
"3 Axxxx XXXX."

5.  He was honorably discharged on 23 September 1975.  His DD Form 214 shows his DOB as "22 Axxxx XXXX."

6.  He provided a copy of his birth certificate which shows his DOB as "3 Axxxx XXXX."

DISCUSSION AND CONCLUSIONS:

The applicant's birth certificate, DD Form 398, DD Form 4, and DA Form 2-1,
Part I, show his DOB as "3 Axxxx XXXX."  Therefore, he is entitled to correction of his DD Form 214 for to show his DOB as "3 Axxxx XXXX."

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 the current DOB entry on his DD Form 214 and replacing that entry with the DOB as shown on his DD Form 398.



      _______ _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)                                         AR20140004188



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ABCMR Record of Proceedings (cont)                                         AR20140004188



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