IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006925
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 the date of birth (DOB) on his first DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states he was born on 29 May 1961, not 5 May 1961. He is currently going through the hiring process for a State Department job at the United States Embassy in Iraq. His application and clearance paperwork is on hold until he can get a revised DD Form 214 with the correct DOB. He states it has to match his birth certificate and passport.
3. He provides:
* his DD Forms 214 for periods ending 12 May 1986 and 31 August 1995
* a Hospital Certificate
* a photocopy of two pages from his U.S. passport
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's record contains a Hospital Certificate showing he was born on 29 May 1961.
3. On 25 January 1979, he enlisted in the Regular Army (RA).
4. Item 11 (DOB) of the DD Form 1966 (Application for Enlistment Armed Forces of the United States) prepared during his enlistment processing shows his DOB as "61 May 29." Item 7 (DOB) of the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) prepared at the time of his enlistment shows his DOB as "5 May 1961."
5. On 12 May 1986, he was honorably discharged. Item 5 (DOB) of the DD Form 214 issued at that time shows the entry "610505."
6. On 6 October 1987, he enlisted again in the RA, and he served until his voluntary early retirement on 31 August 1995. Item 5 of the DD Form 214 issued upon his retirement shows his DOB as "19610529."
7. He provides a page from his passport showing his DOB as "29 May 1961."
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows an error in the DOB entered on the applicant's DD Form 214 for the period ending 12 May 1986. It would be appropriate to correct this document to show his DOB is 29 May 1961.
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 amending item 5 of his DD Form 214 for the period ending 12 May 1986 to show his DOB is 29 May 1961.
__________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) AR20120006925
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ABCMR Record of Proceedings (cont) AR20120006925
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