IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110021123
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 date of birth (DOB) on his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* upgrade of his character of service
2. The applicant states his DOB is incorrect as a result of a typing error. He further states he was told his discharge could be upgraded after 6 months.
3. The applicant provides:
* a self-authored statement
* his DD Form 214
* 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 requested upgrade of his discharge because he was told it would change in 6 months. The applicant's discharge issue is being considered by the Army Discharge Review Board (ADRB) since he is within that board's
15-year statute of limitations. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. During the applicant's enlistment processing, the following documents were completed showing his DOB as 1 September 1983.
* Office of Personnel Management Security Clearance Application, dated 9 June 2001
* DD Form 1966 (Report of Military Processing Armed Forces of the United States), dated 11 June 2001
* DD Form 2808 (Report of Medical Examination), dated 13 June 2001
4. On 13 June 2001, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Program (DEP) for a period of 8 years. He was discharged from the USAR DEP on 21 June 2001 and he enlisted in the Regular Army on 22 June 2001 for a period of 4 years. The applicant's DD Form 4/1 (Enlistment/
Reenlistment Document Armed Forces of the United States) shows his DOB as 1 September 1983.
5. His record contains an Enlisted Record Brief (ERB), prepared on 12 January 2001, that shows his DOB as 10 September 1983.
6. On 29 April 2005, the applicant was discharged. Item 5 (DOB) of the
DD Form 214 he was issued at the time shows his DOB as 10 September 1983.
7. The applicant provides his Commonwealth of Pennsylvania Department of Health - Certification of Birth. This certificate shows his date of birth as
1 September 1983.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes
standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty. It states for item 5 (DOB), from the ERB, enter the year, month, and day without spaces or slashes.
DISCUSSION AND CONCLUSIONS:
1. When the applicant enlisted, his entry enlistment documents all showed his DOB as 1 September 1983 that is corroborated by his Certification of Birth. When his service records were created, his DOB was transposed from 1 September 1983 to 10 September 1983. It appears his DD Form 214 incorrectly shows his DOB as 10 September 1983 as a result of an administrative error.
2. 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 item 5 of the DD Form 214 the current entry and replacing it with the DOB as shown on his DD Form 4/1.
_______ _ 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) AR20110021123
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021123
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