IN THE CASE OF:
BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120012658
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) for the period ending on 6 December 2002 to show his date of birth (DOB) as 23 October 1971 vice 23 October 1997.
2. The applicant states the DOB listed in Item 5 (DOB) of his DD Form 214 for the period ending on 6 December 2002 is incorrect.
3. The applicant provides:
* DD Form 214 for the period ending on 20 January 1997
* DD Form 214 for the period ending on 6 December 2002
* Orders Number D-11-724052, dated 13 November 2007
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. After having had previous enlisted service, the applicant enlisted in the Regular Army on 20 February 1997. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and his certification of birth show his DOB as 23 October 1971.
3. He was honorably released from active duty on 6 December 2002. Item 5 of his DD Form 214 shows his DOB as 23 October 1997.
DISCUSSION AND CONCLUSIONS:
The evidence shows the applicants DOB was incorrectly listed on his DD Form 214 for the period ending on 6 December 2002, as such, he is entitled to correction of this form to list his DOB as 23 October 1971.
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 DD Form 214 for the period ending on 6 December 2002 the entry 19971023 and adding the entry 19711023.
_______ _ _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) AR20120012658
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ABCMR Record of Proceedings (cont) AR20120012658
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