IN THE CASE OF:
BOARD DATE: 9 August 2011
DOCKET NUMBER: AR20110002975
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) on his DD Form 214 (Report of Separation from Active Duty) to 7 July 1971.
2. The applicant states an incorrect DOB was entered on his DD Form 214.
3. The applicant provides a copy of a State of Washington, Department of Health, certificate of live birth showing he was born on 7 July 1971.
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 7 February 1995.
3. His record includes the following documents which all show his DOB as 7 July 1971:
a. DD Form 4 (Enlistment/Reenlistment Document), dated 7 February 1995.
b. DD Form 4 (Enlistment/Reenlistment Document), dated 24 November 1993.
c. Standard Form 88 (Report of Medical Examination), dated 10 July 1996.
4. In support of his application, the applicant provides a State of Washington, Department of Health certificate of live birth showing he was born on 7 July 1971.
5. His DD Form 214 and his DA Form 2-1 (Personnel Qualification Record -
Part I) both show his DOB as 29 February 1972.
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. Section III, provides instruction for preparation of the DD Form 214. The instructions for item 9 state, "Self-explanatory."
DISCUSSION AND CONCLUSIONS:
1. Records show that he enlisted and reenlisted using DOB 7 July 1971. He provides evidence that his DOB is 7 July 1971.
2. The evidence shows he used the DOB of 7 July 1971 during his service; however, it appears clerical errors were made when the DOB of 29 February 1972 was entered on his DA Form 2-1 and DD Form 214.
3. In view of the above, it would be appropriate to correct his DD Form 214 to show his DOB as 7 July 1971.
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 amending his DD Form 214 to show DOB is 7 July 1971.
_______ __ 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) AR20090002251
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ABCMR Record of Proceedings (cont) AR20110002975
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