RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20080000423
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of item 5 (Date of Birth) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 22 January 1968.
2. The applicant states that item 5 on his DD Form 214 incorrectly reflects his DOB as 22 December 1968. He states that his correct DOB is 22 January 1968.
3. The applicant provides a copy of his DD Form 214; his birth certificate; and his drivers 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 applicants 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 applicants 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 15 January 1987. His DD Form 4/1 (Enlistment/Reenlistment Document) shows his DOB as 22 December 1968.
3. The applicant submitted a Personnel Action, dated 22 January 1987, requesting that his DD Form 4/1 be corrected to reflect his DOB as 22 January 1968. The appropriate approval authority placed a check in the Block Has Been Verified.
4. The applicant was discharged on 15 June 1989 for the purpose of immediate reenlistment. His DD Form 4/1 shows his DOB as 22 January 1968.
5. His DA Form 2A (Personnel Qualification Record - Part I) shows his DOB as 22 January 1968.
6. The applicant provided a copy of his birth certificate and drivers license which show his DOB as 22 January 1968.
7. The applicant was honorably discharged on 27 May 1993. His DD Form 214 shows his DOB as 22 December 1968 in item 5.
DISCUSSION AND CONCLUSIONS:
1. The applicants birth certificate and his drivers license show his DOB as 22 January 1968. However, his DD Form 214 erroneously reflects his DOB as 22 December 1968.
2. Therefore, it would be appropriate to amend the applicants DD Form 214 to show his DOB as 22 January 1968.
BOARD VOTE:
XX ____ XX______ XX______ 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 item 5 on his DD Form 214 to show his DOB as 22 January 1968.
_______XX_________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000423
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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