IN THE CASE OF:
BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110003092
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 his date of birth (DOB) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 14 June 2002 be corrected to 16 M*** 1975 instead of 29 F*** 1972.
2. The applicant states he found his DOB was wrong when he went to truck driving school.
3. The applicant provides:
* his DD Form 214
* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) dated 7 June 2001
* his Certificate of Live Birth from Forsyth County, North Carolina
* his social security card
* his State of North Carolina driver license
* his Armed Forces of the United States identification 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. He enlisted in the Regular Army on 28 July 1995 for a period of 3 years. He reenlisted on 22 April 1998 and on 7 June 2001.
3. His DD Form 1966 (Record of Military Processing - Armed Forces of the United States), completed on 9 March 1995, indicates in item 12 (Date of Birth) that his DOB is 16 M*** 1975.
4. A Request for Verification of Birth from the Vital Records, Winston Salem NC, dated 9 March 1995, verifies his DOB as 16 M*** 1975.
5. On 18 March 1995, he enlisted in the Army Reserve Delayed Entry/Enlistment Program (DEP). Item 6 (Date of Birth) of his DD Form 4 indicates his DOB as
16 M*** 1975. He enlisted in the Regular Army on 28 July 1995.
6. On 22 April 1998, he reenlisted in the Regular Army. Item 6 of his DD Form 4 indicates his DOB as 29 F*** 1972.
7. On 7 June 2001, he again reenlisted in the Regular Army. Item 6 of his
DD Form 4 indicates his DOB as 29 F*** 1972.
8. On 14 June 2002, he was discharged. Item 5 (Date of Birth) of his DD Form 214 indicates his DOB as 29 F*** 1972.
9. The Certificate of Live Birth from Forsyth County - North Carolina provided by the applicant indicates his DOB as 16 M*** 1975.
DISCUSSION AND CONCLUSIONS:
1. His DOB entered on his DD Form 1966 agrees with the DOB indicated on the Request for Verification of Birth and his Certificate of Live Birth. The same DOB is entered on his DD Form 4 when he enlisted in DEP. Therefore, 16 M*** 1975 is obviously his DOB.
2. His DOB entered on the DD Forms 4 dated 22 April 1998 and 7 June 2001 are clearly in error. His DOB entered on his DD Form 214 is also in error. Therefore, his correct DOB of 16 M***1975 should be entered in item 5 of his
DD Form 214.
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 and item 5 of his DD Form 214 be amended to show his DOB as 16 M*** 1975.
__________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) AR20110003092
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ABCMR Record of Proceedings (cont) AR20110003092
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