BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20110000733
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 the date of birth (DOB) shown on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states his DOB is 16 March 1954.
3. The applicant provides, in support of his application, a copy of his DD Form 214 and a certificate of birth from East End Memorial Hospital, Birmingham, AL.
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 18 January 1974. The DD Form 4 (Enlistment Contract) and a certified copy of birth record contained in his records show his DOB as 16 March 1954.
4. His DD Form 214 shows in Item 5 (Date of Birth) "540416"(16 April 1954).
5. In support of his application, the applicant provides a copy of a certificate of birth from East End Memorial Hospital, Birmingham, AL. The date of birth is listed as 16 March 1954.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. Table 2-1 (DD Form 214 Preparation Instructions,) in effect at the time of the applicant's separation, contains item-by-item instructions for completing the DD Form 214. The instructions for item 5 state, "Enter date using six-digit number in this item; year, month, and day written in that sequence without spaces or slashes, e.g., 420106 for 6 Jan 42."
DISCUSSION AND CONCLUSIONS:
1. Records show that the applicant enlisted in the Army using DOB 16 March 1954. The DD Form 4 and certified copy of birth record show this DOB.
2. It is evident there was a clerical error when the DOB of 16 April 1954 was entered on his DD Form 214.
3. In view of the above, it would be appropriate to correct his DD Form 214 to show his DOB as "540316" (16 March 1954).
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 deleting from item 5 of his DD Form 214 the entry "540416" and adding to
item 5 the entry "540316."
_______ _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.
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