BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100029256
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 March 1987 be corrected in Item 5 (Date of Birth).
2. The applicant states she was born in 1958, but her DD Form 214 of 5 March 1987 erroneously shows 1948.
3. The applicant provides:
* her DD Form 214
* her U.S. Passport page showing her date of birth (DOB)
* her military identification card
* her Arizona driver license
* her 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 (RA) on 5 February 1976 and served until 5 March 1987. Her DD Form 214 for this period shows her DOB as 1 June 1948.
3. Following her RA service, the applicant served in the U.S. Army Reserve from 6 March 1987 to 28 September 2000 according to her ARPC Form 249 (Chronological Statement of Retirement Points) located in her Official Military Personnel File (OMPF) contained on iPERMS (Interactive Personnel Electronic Records Management System).
4. A review of documents in the applicant's OMPF on iPERMS shows:
* documents supporting a DOB of 1 June 1958:
* iPERMS Record View
* ARPC Form 249 (Chronological Statement of Retirement Points), dated 10 June 2011
* DA Form 4651-R (Request for Reserve Component Assignment), dated 29 January 1999
* DA Form 4651-R, dated 19 August 1994
* DD Form 214, dated 27 February 1992
* documents supporting a DOB of 1 June 1948:
* DD Form 4 (Enlistment/Reenlistment Document), dated 14 September 1993
* ARPC Form 249, dated 9 September 1990
* DA Form 2A (Personnel Qualification Record), prepared 13 April 1990
* DD Form 214, dated 5 March 1987
5. The applicant provides a copy of her U.S. Passport issued by the U.S. Department of State. This document shows her DOB as 1 June 1958.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants her DOB corrected on her DD Form 214 with a separation date of 5 March 1987.
2. Her DD Form 214 shows her DOB as 48/06/01; it should be 58/06/01.
3. Given the fact iPERMS and the U.S. Department of State list the applicant's DOB as 1 June 1958, that DOB is accepted as correct. Her DD Form 214 should be corrected.
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 correcting her DD Form 214 with a separation date of 5 March 1987 to show her DOB in Item 5 as 1958/06/01.
_________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) AR20100029256
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ABCMR Record of Proceedings (cont) AR20100029256
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