IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140016783 


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 (Report of Separation from Active Duty) to show his date of birth (DOB) as 26 July 19XX instead of 7 July 19XX.

2.  The applicant states his DOB is 26 July 19XX and he doesn't know how the error occurred on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* prison record
* Mississippi driver's license

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 DD Form 398 (Statement of Personal History), dated 10 July 1974, shows his DOB as 26 July 19XX.  He enlisted in the Regular Army on 11 July 1974 for 3 years.

3.  His records contain a DA Form 2496 (Disposition Form), dated 17 July 1974, showing he requested correction of his military records to show his DOB as 26 July 19XX instead of 7 July 19XX.  On 17 July 1974, his request was approved.

4.  He was discharged on 24 May 1976.

5.  Item 4 (DOB) of his DD Form 214 shows his DOB as 7 July 19XX.

6.  He provided a copy of his Mississippi driver's license and a prison record which show his DOB as 26 July 19XX.

DISCUSSION AND CONCLUSIONS:

The applicant contends he was born on 26 July 19XX and his DD Form 398, dated 10 July 1974, and DA Form 2496, dated 17 July 1974, support his contention.  Based on the foregoing evidence, it would be appropriate to correct his DD Form 214 to show his DOB as 26 July 19XX instead of 7 July 19XX.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 the current DOB entry in item 4 of his DD Form 214 and replacing it with the DOB of 26 July 19XX 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)                                         AR20140016783



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ABCMR Record of Proceedings (cont)                                         AR20140016783



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