IN THE CASE OF:  	  

		BOARD DATE:  26 March 2015	  

		DOCKET NUMBER:  AR20140014197 


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 reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 3 October 1971 instead of 10 November 1974.  

2.  The applicant states, through his Member of Congress, that his DD Form 214 listed an incorrect DOB.

3.  The applicant provides his DD Form 214 and birth certificate.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130013946, on 8 May 2014.

2.  The applicant provides a birth certificate which was not previously considered by the Board.  This is considered new evidence and warrants consideration by the Board.

3.  The applicant's records contain a DD Form 398-2 (DOD Personnel Security Questionnaire) which he completed on 9 October 1989 in connection with his enlistment.  This form listed his DOB as 3 October 1971. 

4.  He enlisted in the Regular Army on 5 July 1990. His DD Form 4 (Enlistment/Reenlistment) shows his DOB as 3 October 1971.  

5.  His DA Form 2A (Personnel Qualification Record-Part I) which was created upon his entry on active duty also listed his DOB as 10 November 1974. 

6.  His records also contain a DD Form 1172 (Application for Uniformed Services Identification Card DEERS Enrollment) that listed his DOB as 10 November 1974. 

7.  He was honorably released from active duty on 4 July 1994.  Item 5 (DOB) of his DD Form 214 listed his DOB as 10 November 1974. 

8.  He provides a birth certificate showing his DOB as 3 October 1971. 

9.  Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.

DISCUSSION AND CONCLUSIONS:

When the applicant enlisted in the Regular Army, he listed his DOB as 3 October 1971.  It appears an administrative error was created when his DA Form 2A was created.  It also appears when his DD Form 214 was processed it inadvertently listed the incorrect DOB.  His birth certificate confirms his DOB and is similar to that listed on his enlistment contract.  Therefore, he is entitled to correction of his DD Form 214 to show his DOB as 3 October 1971. 

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 amendment of the ABCMR’s decision in Docket Number AR20130013946, dated 8 May 2014.  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 adding his DOB as it is shown 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)                                         AR20140014197





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ABCMR Record of Proceedings (cont)                                         AR20140014197



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