RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 208
DOCKET NUMBER: AR20080002168
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 that his DD Form 214 dated 20 December 2003 be corrected to reflect his date of birth (DOB) as 14 May 1980.
2. The applicant states that his DOB is incorrectly listed on his DD Form 214 dated 20 December 2003 as 5 May 1980, when in fact it is 14 May 1980.
3. The applicant provides a copy of his DD Form 214 and a copy of his birth certificate showing his DOB as 14 May 1980.
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 United States Army Reserve (USAR) on 5 August 1999 for a period of 6 years, under the delayed entry program (DEP).
He enlisted in the Regular Army on 29 September 1999 for a period of 4 years and training as an administrative specialist. At the time he enlisted he provided a copy of his birth certificate and Social Security Card. His birth certificate showed that he was born on 14 May 1980; however, all of his enlistment documents reflect a DOB of 5 May 1980.
3. The applicant served until he was honorably released from active duty (REFRAD) on 20 December 2003 in the pay grade of E-4. He had served 4 years, 2 months, and 22 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects a DOB of 5 May 1980.
3. The applicant again enlisted in the Regular Army on 25 July 2005 and all of his records indicate that his DOB is 14 May 1980. He was discharged on 16 April 2007 and his DD Form 214 issued at the time of his discharge reflects that his DOB as 14 May 1980.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant provided a birth certificate at the time of his initial enlistment that is identical to the one he provides with his application, which shows that he was born on 14 May 1980. However, through an administrative error, his DOB was listed as 5 May 1980 and that error was transferred to his DD Form 214 at the time of his REFRAD on 20 December 2003.
2. Accordingly, it would be in the interest of justice at this time to change the DOB listed in block 5 of his 20 December 2003 DD Form 214 to reflect that his DOB is 14 May 1980.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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
showing that his DOB on his DD Form 214 dated 20 December 2003 is 14 May 1980 instead of 5 May 1980, as currently reflected.
___ XXX ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002168
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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