IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110006622
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 3 January XXXX in lieu of 13 January XXXX.
2. The applicant states, in effect, that he has been unable to obtain his service medical records and apply for a service connected disability due the incorrect DOB on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and Certificate of Live Birth issued on 10 May 1999 showing he was born on 3 January XXXX.
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 was in the Delayed Enlistment Program from 21 July to 24 July 1978. He enlisted in the Regular Army on 25 July 1978 and reenlisted on 4 February 1981. He was honorably discharged on 24 April 1985.
3. His record includes the following documents which show his DOB as
3 January XXXX:
a. DD Form 4, dated 21 July 1978; and
b. DD Form 428 (Application for Identification Card), dated 30 March 1984.
4. His record includes the following documents which show his DOB as
13 January XXXX:
a. DD Form 4 (Enlistment/Reenlistment Document), dated 4 February 1981;
b. DA Form 2A (Personnel Qualification Record, Part I), dated 27 February 1985; and
c. DD Form 214, item 5 (DOB), dated 24 April 1985.
5. 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 5 state "enter six-digit number; year, month, and day without spaces or slashes."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his DOB as 3 January XXXX so that he may be able to obtain his medical records and apply for disability benefits.
2. The available evidence shows he initially enlisted using a DOB of 3 January XXXX; his DD Form 4, dated 21 July 1978 and DD Form 428, dated 30 March 1984, show this DOB. However, it appears a clerical error occurred when he reenlisted in 1981 and his DD Form 4 was prepared. The error was continued and his DD Form 214 was issued in 1985 with the incorrect DOB.
3. In view of the above, it would be appropriate to correct his DD Form 214 to show his DOB as 3 January XXXX.
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 the entry in item 5 of his DD Form 214, dated 24 April 1985, and adding 3 January XXXX.
_______ _ 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) AR20110006622
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