BOARD DATE: 25 June 2013
DOCKET NUMBER: AR20120022286
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 his year of birth as 1958.
2. The applicant states he failed to notice his birth year was wrong.
3. The applicant provides a copy of his birth certificate showing his year of birth as 1958.
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. The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) for his enlistment on 25 March 1975 shows his birth year as 1958. His DD Forms 4 for reenlistment in 1978, 1984, and 1989 show his birth year as 1953.
3. A DA Form 873 (Certificate of Clearance and/or Security Determination), dated 9 September 1991, and a DA Form 2A (Personnel Qualification Record - Part I) prepared on 23 September 1996 both show his birth year as 1958.
4. The applicant's DD Form 4 for his enlistment in 1994 shows his birth year as 1953.
5. The applicant's birth certificate shows his birth year as 1953.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his year of birth as 1958.
2. A review of the applicant's military records revealed that when he initially enlisted in the Regular Army, his year of birth was recorded as 1958. However, throughout his active duty service, his year of birth was recorded as either 1953 or 1958.
3. The applicant's birth certificate clearly shows that his year of birth was 1958 and this was the year he used when entering the military.
4. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
5. In view of the above, the applicant's request should be granted.
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 showing on his DD Form 214 his year of birth as 1958.
_______ _ _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) AR20120022286
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ABCMR Record of Proceedings (cont) AR20120022286
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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