BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025802
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 date of birth (DOB) as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was born on 26 October 1959 instead of 25 October 1959.
2. The applicant states his official birth certificate shows his DOB is 26 October 1959; however, his records show his DOB as 25 October 1959.
3. The applicant provides a copy of his DD Form 214 and a copy of his birth certificate reflecting birth number "112-59-6096657."
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 enlisted in the Regular Army on 26 September 1978 for a period of 3 years. At the time of his enlistment, his contract was prepared to reflect a DOB of 25 October 1959. His DD Form 1966 (Verification of Personal Data) indicates his DOB was verified from birth certificate file number
"112-59-696657."
3. He served all of his service using the DOB of 25 October 1959 and on 22 April 1984 he was honorably released from active duty (REFRAD) due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD shows a DOB of 25 October 1959.
4. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that information on the DD Form 214 will be obtained from official documents contained in an individual's official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While the DOB reflected on the applicant's DD Form 214 is the same DOB as contained in his official records, it is apparent the original DOB was erroneously entered as 25 October instead of 26 October 1959.
2. The birth certificate number used at the time of his enlistment is accepted to be the same birth certificate provided by the applicant; however, there is 1 day of difference between the date on the birth certificate and official records.
3. Therefore, it is reasonable to presume that an administrative error occurred at the time of his enlistment which resulted in an incorrect DOB being entered in his records. Accordingly, his DOB should be corrected to reflect a DOB of 26 October 1959 instead of 25 October 1959.
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 showing that his DOB is 26 October 1959 (591026) instead of 25 October 1959 (591025).
__________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) AR20100025802
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ABCMR Record of Proceedings (cont) AR20100025802
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