IN THE CASE OF:
BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120021464
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 27 October 1982 to show his date of birth (DOB) as XXXXX instead of XXXXX.
2. The applicant states his DOB as shown is incorrect due to a clerical error.
3. The applicant provides his DD Form 214 for the period ending 16 September 1987.
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. On 4 March 1982, the applicant enlisted in the U.S. Army Reserve. His DD Form 4 (Enlistment Document) for this enlistment shows his DOB as
XXXXX.
3. A Standard Form 88 (Report of Medical Examination), dated 4 March 1982; Department of Defense - Defense Investigative Service (DIS) Form 1; and DA Form 2A (Personnel Qualification Record) contained in his records show his DOB as XXXXX.
4. The DD Form 214 he was issued upon completion of active duty for training on 27 October 1982 shows his DOB as XXXXX.
5. On 24 July 1986, he enlisted in the Regular Army. On 16 September 1987, he was discharged from active duty. His DD Form 214 for this period shows his DOB as 23 February 1962.
DISCUSSION AND CONCLUSIONS:
His DD Form 4, a Standard Form 88, a DIS Form 1, and his DA Form 2A show his DOB as 23 June 1962. His DD Form 214 for the period ending 27 October 1982 shows his DOB as 23 February 1962. As such, it appears the birth month on this DD Form 214 was transcribed in error; therefore, it would be appropriate to correct his DD Form 214 for the period ending 27 October 1982 to show his DOB as 23 June 1962.
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 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 for the period ending 27 October 1982 to show his DOB as that shown on his DD Form 214 for the period ending 16 September 1987.
_______ _ _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) AR20120021464
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ABCMR Record of Proceedings (cont) AR20120021464
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