IN THE CASE OF:	  

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140013718 


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 11 April 1975 instead of 1 April 1975.	

2.  The applicant states his military records from the U.S. Army have his DOB recorded incorrectly as 1 April 1975, but his correct DOB is 11 April 1975.  The reason for this error is unknown because his DOB has never changed.

3.  The applicant provides:

* DD Form 214
* State of California driver's license
* Passport
* Certified Abstract of Birth
* Certificate of Live 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 enlisted in the Regular Army on 7 July 1994.

3.  The applicant's DD Form 4 (Enlistment/Reenlistment Document) shows his DOB as 11 April 1975.

4.  The applicant was honorably released from active duty on 15 August 1996.

5.  The DD Form 214 issued to him for this period shows his DOB as 1 April 1975.

6.  The applicant provided a copy of his State of California driver's license, passport, Abstract of Birth, and birth certificate which all show his DOB as 11 April 1975.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his military records have his DOB recorded incorrectly as 1 April 1975 and his correct DOB is 11 April 1975 are acknowledged and determined to have merit.

2.  The applicant's Enlistment/Reenlistment Document show his DOB as listed on his birth certificate.  However, his DD Form 214 shows a different DOB.  It appears that an administrative error occurred when his DOB was recorded on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show his DOB as it is recorded on his birth certificate.

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 his DD Form 214 to show his DOB as it is recorded on his birth certificate.



      ____________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)                                         AR20140013718





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ABCMR Record of Proceedings (cont)                                         AR20140013718



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