IN THE CASE OF:
BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120013675
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 31 instead of 1 January 19xx.
2. The applicant states his DOB is listed incorrectly on his DD Form 214.
3. The applicant provides his DD Form 214 and birth certificate.
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. Prior to his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 1 January 19xx.
3. The applicant enlisted in the RA on 23 July 1969. Item 21 (DOB) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his DOB as 1 January 19xx. He authenticated this form by placing his signature in the appropriate places.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as 1 January 19xx. He reviewed this form at a later date and authenticated it with his signature.
5. He completed various forms, including an application for an identification card, national agency check request, and a security termination statement, and in some instances, he listed or his DOB was listed as 1 January 19xx and in other instances 31 January 19xx. Specifically, the following documents listed his DOB as 31 January 19xx:
* Chronological Record of Medical Care
* Dental Record
* Report of Medical Examination
6. He was honorably released from active duty on 3 January 1972 and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation. Item 9 (DOB) of this DD Form 214 shows his DOB as 1 January 19xx. He authenticated this form by placing his signature in item 32 (Signature of Person Being Transferred or Discharged).
7. He enlisted in the USAR on 5 August 1976. Item 21 of his DD Form 4 listed his DOB as 31 January 19xx. All documents related to his USAR service listed this DOB.
8. He provides a certificate of live birth, dated 21 February 1951, that shows a name similar to his and a DOB as 31 January 19xx.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant listed his DOB as 1 January 19xx upon his enlistment in the RA. His enlistment contract and several other documents including his DA Form 20 listed this DOB. However, it appears at some stage during his military service he began using the DOB as 31 January 19xx. This DOB appears on at least three documents in his service record.
2. The requested DOB is consistent with the DOB listed on his subsequent USAR records as well as the certificate of live birth he provides. It appears some of his service records, including his DD Form 214 inadvertently listed his DOB based on what was shown on his enlistment record. Therefore, he is entitled to correction of his DD Form 214 to show the requested DOB.
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 his DD Form 214 by deleting from item 9 the entry "1 January 19xx" and adding the entry "31 January 19xx."
_______ _ __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) AR20120013675
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ABCMR Record of Proceedings (cont) AR20120013675
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