BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110019260
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 year of birth (DOB) as 1960.
2. The applicant states his DD Form 214 incorrectly reflects his year of birth as 1966 instead of 1960.
3. The applicant provides a copy of his DD Form 214 and Certificate of Live 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 Regular Army in Detroit, MI on 3 April 1984 for a period of 3 years and 14 weeks, training as an infantryman, and assignment to the 7th Infantry Division. At the time of his enlistment he provided his birth certificate showing his DOB as 14 May 1960.
3. He completed his one-station unit training at Fort Benning, GA and he was transferred to Fort Ord, CA for assignment to the 7th Infantry Division as a light weapons infantryman.
4. He reenlisted on 23 June 1987 for a period of 3 years and training as an equipment records and parts specialist. He continued to serve until he was honorably discharged on 29 June 1989. He served 5 years, 2 months, and
27 days of creditable active service.
5. The DD Form 214 issued at the time of his discharge shows in block 5 his DOB as 660514.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects his DOB in block 5 has been noted and appears to have merit.
2. The applicant enlisted in the Regular Army and his DOB was reflected as 600514. His record also shows he served under that DOB for his entire period of service.
3. It appears that at the time of his discharge his DD Form 214 was incorrectly prepared to reflect a DOB of 660514 as a result of an administrative error.
4. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.
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 block 5 of his DD Form 214 the current entry and replacing it with the entry 600514.
__________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) AR20110019260
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