BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120011984
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 the year of his birth as 1953 vice 1963.
2. The applicant states the year of his birth is wrong on his DD Form 214.
3. The applicant provides his DD Form 214, a certificate of birth, and a driver's license.
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 records contain a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 15 October 1981, which shows he enlisted in the Regular Army (RA) under the delayed entry program on that date. This form shows his year of birth as 1953.
3. The applicant's records show he entered active duty in the RA on 28 July 1982 and he held military occupation specialty 94B (Food Service Specialist).
4. His records contain various forms and medical documents that show his year of birth as 1953.
5. A DA Form 2A (Personnel Qualification Record), dated 3 April 1985, shows his year of birth as 1953.
6. A Standard Form 88 (Report of Medical Examination), dated 11 June 1985, shows his year of birth as 1953.
7. He was honorably released from active duty on 27 July 1985 and he was transferred to the U.S. Army Reserve. He completed 3 years of net active service.
8. Item 5 (Date of Birth) of the DD Form 214 he was issued shows his year of birth as 1963.
9. The applicant provides a State of Oregon Certificate of Live Birth, dated 4 May 1965, which shows an individual with the same full name as the applicant was born in 1953.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's year of birth was listed as 1953 upon his entry on active duty in the RA. This is the year of birth that was used throughout his period of active service. It appears a typographical error was made when his DD Form 214 was prepared and his year of birth was listed as 1963 instead of 1953. Therefore, he is entitled to the requested relief.
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 the entry in item 5 of his DD Form 214 and adding his date of birth as it is listed on his certificate of birth.
_______ _ 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) AR20120011984
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ABCMR Record of Proceedings (cont) AR20120011984
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