IN THE CASE OF:  

		BOARD DATE: 19 May 2015

		DOCKET NUMBER:  AR20140017493 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 25 December XXXX.

2.  The applicant states the DOB on this DD Form 214 is incorrect.  He is having difficulties in re-ordering medications and looking for medical records because of this error.

3.  The applicant provides copies of:

* his U.S. Passport showing his DOB as 25 December XXXX
* Armed Forces of the United States Geneva Conventions Identification (ID) Card
* U.S. Government Motor Vehicle Operator's ID Card
* DD Form 214 

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 inducted on 3 December 1965.  A DD Form 47 (Record of Induction) shows his DOB as 27 November XXXX.

3.  His record contains a DD Form 398 (Statement of Personal History) and a DD Form 428 (Application for ID Card) showing his DOB as 25 December XXXX.

4.  He provides copies of two pages of his U.S. Passport, his U.S. Armed Forces Geneva Conventions ID Card and his U.S. Government Motor Vehicle Operator's ID Card all showing his DOB as 25 December XXXX.  

5.  He was released from active duty on 17 September 1967.  Item 2 (DOB) of his DD Form 214 shows his DOB as 27 November XXXX.  The DOB he claims is incorrect,

DISCUSSION AND CONCLUSIONS:

The available evidence shows the applicant used both the DOB that is listed on his DD Form 214 and the DOB he states is correct during his period of military service.  However, the majority of the documents in his military record list the DOB that he states is correct.  Therefore, the available evidence is sufficient to correct his DD Form 214 to show the DOB listed on his U.S. Passport.

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 DOB entry from his DD Form 214 and replacing it with the DOB listed on his U.S. Passport.



      _______ _   _ 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)                                         AR20100016261



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ABCMR Record of Proceedings (cont)                                         AR20140017493



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