IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100025797
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his date of birth (DOB) is
27 January 1958 instead of 28 January 1958.
2. The applicant states his correct DOB is 27 January 1958; therefore, his
DD Form 214 should be corrected.
3. The applicant provides copies of his birth certificate, DD Form 214, drivers license and Social Security Card.
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 20 August 1976. At the time his enlistment contract was prepared his DOB was listed as 28 January 1958 and verified by a birth certificate, letter from high school, and his Social Security Card.
3. All of the documents contained in the applicants record except his DA Form 873 (Certificate of Clearance and/or Security Determination) list a DOB of
28 January 1858. His DA Form 873 reflects a DOB of 27 January 1958.
4. On 29 November 1985, he was honorably discharged on his expiration term of service date. His DD Form 214 lists his DOB as 28 January 1958 ("580128").
5. The birth certificate and drivers license provided by the applicant both reflect a DOB of 27 January 1958.
6. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that information on the DD Form 214 will be obtained from official documents contained in the individuals official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The DOB reflected on the applicants DD Form 214 is the same DOB reflected throughout his official records; however, it is apparent that the original DOB was erroneously entered as 28 January instead of 27 January 1958.
2. The birth certificate used at the time of enlistment is not present in the available records; however, the birth certificate provided by the applicant shows there is a one-day difference between the date on the birth certificate and the dates recorded in his official records.
3. Therefore, it is reasonable to presume that an administrative error occurred at the time of enlistment which resulted in an incorrect DOB being entered on his records. Accordingly, his DOB should be corrected to reflect a DOB of 27 January 1958 instead of 28 January 1958.
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
deleting the entry in item 5 (DOB) of his DD Form 214 and adding "580127."
_______ _ 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) AR20100025797
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100025797
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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