BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120006495
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 18 April xxxx vice 18 July xxxx.
2. He states due to an administrative error his DOB is incorrect.
3. He provides copies of his DD 214, certificate of birth, and social security card.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows he enlisted in the Regular Army on 21 January 1987.
3. The applicant's military personnel records contain a DD Form 873 (Certificate of Clearance and/or Security Determination), dated 29 July 1987, which shows his DOB as 18 April xxxx.
4. His record contains a DA Form 428 (Application for Identification Card), dated 19 August 1991, that shows in item 10 (DOB) 18 April xxxx.
5. The applicant's DD Form 214 shows in item 5 (DOB) 18 July xxxx.
6. The applicant submits a copy of his birth certificate which shows his DOB as 18 April xxxx.
7. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214 and states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.
8. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) of Army Regulation 635-5, in effect at the time, contained guidance on the preparation of the DD Form 214. It provided that all available records would be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.
DISCUSSION AND CONCLUSIONS:
The applicant's DOB appears as 18 April xxxx in his military records. He also submitted a Certificate of Birth that shows his DOB as 18 April xxxx. It appears that an administrative error occurred during the preparation of his DD Form 214. Therefore, he is entitled to correction of item 5 of his DD Form 214 to show his DOB as 18 April 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 amending his DD Form 214 to show his DOB as it appears on his birth certificate.
___________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) AR20120006495
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ABCMR Record of Proceedings (cont) AR20120006495
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