IN THE CASE OF:
BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110008180
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 8 April 1963 instead of 3 April 1963.
2. The applicant states the DOB shown on his DD Form 214 is incorrect.
3. The applicant provides his Certification of Birth.
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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 25 June 1987. He was discharged from the USAR DEP on
24 August 1987 and he enlisted in the Regular Army (RA) on 25 August 1987. His DD Form 4 (Enlistment/Reenlistment Contract - Armed Forces of the United States) shows his DOB as 3 April 1963.
3. The applicant's final clearance was granted on 27 April 1988. His DA Form 873 (Certificate of Clearance and/or Security Determination) shows his DOB as 8 April 1963.
4. He reenlisted in the RA on 8 August 1991 and his DD Form 4 for this reenlistment shows his DOB as 3 April 1963.
5. The applicant's DD Form 1172 (Application for Uniformed Services Identification Card DEERS Enrollment), dated 21 January 1992, shows his DOB as 8 April 1963.
6. His record contains a DA Form 3975 (Military Police Report) which shows his DOB as 8 April 1963. His DA Form 2A (Personnel Qualification Record - Part I) shows his DOB as 3 April 1963.
7. The applicant was discharged on 7 August 1995. The DD Form 214 he received shows his DOB as 3 April 1963.
8. The applicant submits a copy of his State of Louisiana Certification of Birth, issued on 4 March 2011 that shows his DOB as 8 April 1963.
9. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention has been noted and his supporting evidence has been carefully considered.
2. His DA Form 873 was prepared at the time his investigation for his security clearance was completed. The DOB shown on his DA Form 873 coincides with the DOB shown on his Certification of Birth. It is more than reasonable to presume that the DOB shown on his DD Form 214 is incorrect.
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 from item 5 of his DD Form 214 the entry "19630403" and replacing it with the entry "19630408."
_______ _ 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) AR20110008180
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ABCMR Record of Proceedings (cont) AR20110008180
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