IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110023694
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 9 August 1960 vice 9 August 1958.
2. The applicant states his DOB is wrong on his DD Form 214.
3. The applicant provides a 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 (RA) on 23 January 1978. During his service, he held military occupational specialties 31V (Tactical Communications Systems Operator/Mechanic) and 31C (Single Channel Radio Operator).
3. In conjunction with his enlistment in the RA, he completed a DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 23 January 1978, wherein he listed his DOB as 9 August 1960. He authenticated this form by placing his signature in the appropriate block. As he was only 17 years of age, his mother authenticated this form by placing her signature in the appropriate block. His recruiter annotated this form to show the applicant was 17 years of age and his DOB had been verified by his birth certificate.
4. His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 23 January 1978, shows his DOB as 8 August 1959.
5. A DA Form 873 (Certificate of Clearance and/or Security Determination), dated 5 April 1978, shows his DOB as 9 January 1959.
6. On 18 September 1980, he reenlisted in the RA. His DD Form 4 shows his DOB as 9 August 1958.
7. On 11 February 1982, he reenlisted in the RA. His DD Form 4 shows his DOB as 9 August 1959.
8. A DA Form 2a (Personnel Qualification Record), prepared on 24 August 1984, shows his DOB as 9 August 1959.
9. He was honorably discharged from active duty on 10 April 1985. He completed 7 years, 2 months, and 2 days of active service. Item 5 (DOB) of his DD Form 214 shows his DOB as "9 August 1958."
10. The applicant provides a Baltimore City Certificate of Live Birth, issued on 25 August 1997, that shows an individual with the same name as the applicant was born on 9 August 1960.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed his DOB as 9 August 1960 upon his enlistment in the RA. It appears an administrative error was made when his recruiter listed his DOB as 8 August 1959 on his DD Form 4. In addition, his DOB was listed as various dates on several documents throughout his active service. This error was compounded when his DD Form 214 was prepared showing his DOB as 9 August 1958.
2. In view of the foregoing, the applicant's DD Form 214 should be corrected to show his DOB as 9 August 1960.
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 current entry and replacing it with the date of birth as "600809."
____________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) AR20110023694
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ABCMR Record of Proceedings (cont) AR20110023694
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