BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110005418
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 his DD Form 214 (Report of Separation from Active Duty) to show his year of birth as "1957" vice "1959."
2. The applicant states the year of birth is wrong on his DD Form 214.
3. The applicant provides his DD Form 214 and a birth certificate.
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's records show he enlisted in the Regular Army on 14 February 1977. In conjunction with his enlistment, a DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 14 February 1977, was filled out wherein his year of birth is shown as "1957." He authenticated this form by placing his signature in the appropriate place.
3. His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 14 February 1977, shows his year of birth as "1959." He authenticated this form by placing his signature in the appropriate block.
4. DIS (Defense Investigative Service) Standard Form 1 (Report of National Agency Check), dated 5 April 1977, shows his year of birth as "1957."
5. DD Form 93 (Record of Emergency Data), dated 2 June 1978, shows his year of birth as "1957." He authenticated this form by placing his signature in the appropriate block.
6. DA Form 2-1 (Personnel Qualification Record), dated 10 July 1978, shows his year of birth as "1957."
7. Standard Form 88 (Report of Medical Examination), dated 24 October 1978, shows his year of birth as "1957."
8. He was honorably discharged from active duty on 4 December 1978. He completed 1 year, 9 months, and 21 days of creditable active service.
9. Item 4 (Date of Birth) of his DD Form 214 shows his year of birth as "1959."
10. The applicant provides a State of Illinois Birth Certificate, dated 12 June 1957, wherein it shows a child with the same name as the applicant was born on the same month and day as the applicant in the year "1957."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's year of birth was listed as "1957" when DD Form 1966 was filled out in conjunction with his enlistment. In addition, his DIS Standard Form 1, DD Form 93, DA Form 2-1, and Standard Form 88 all show his year of birth as "1957." He used this year of birth throughout his active service.
2. It appears when his enlistment contract was prepared his year of birth was inadvertently listed as "1959" and this error was compounded when his DD Form 214 was completed and his year of birth was listed as "1959."
3. In view of the foregoing, he is entitled to the requested relief.
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 deleting the date of birth in item 4 of his DD Form 214 and adding the date of birth as it is shown on his birth certificate with his year of birth as "1957."
_______ _ 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) AR20110005418
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ABCMR Record of Proceedings (cont) AR20110005418
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