BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016632
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) is 6 October 1968 vice 4 October 1968.
2. He states the incorrect DOB was entered on his DD Form 214.
3. He provides the following documentation in support of his request:
* A copy of his Certification of Birth
* A copy of his 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 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. He enlisted in the Regular Army on 19 September 1990 for a period of
6 years. Item 6 (Date of Birth) of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) indicates his DOB is 4 October 1968.
3. His record contains a copy of a DA Form 873 (Certificate or Clearance and/or Security Determination) which shows his DOB as 4 October 1968.
4. He provided a copy of his Certification of Birth which confirms his DOB is
4 October 1968.
5. He also provided and his record contains a copy of his DD Form 214 which shows he was honorably released from active duty on 18 September 1996 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve service obligation. Item 5 (Date of Birth) shows the entry 19681006.
DISCUSSION AND CONCLUSIONS:
1. His request to correct his DOB was carefully considered and was found to have merit.
2. The evidence of record shows at the time he entered the Army, his DOB was listed as 4 October 1968. His military records also contain official documents which list his DOB as 4 October 1968.
3. However, at the time of separation, the DOB of 6 October 1968 was entered in item 5 of his DD Form 214. It is apparent an administrative error occurred at the time his DD Form 214 was prepared.
4. In view of the foregoing, his DD Form 214 should be corrected to show his correct DOB is 4 October 1968.
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 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 of his DD Form 214 by deleting the entry 19681006 and adding 19681004.
_______ _ _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) AR20100016632
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ABCMR Record of Proceedings (cont) AR20100016632
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