BOARD DATE: 4 February 2014
DOCKET NUMBER: AR20130009243
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 (Report of Separation from Active Duty) to show his date of birth (DOB) as 5 August 1952 vice 5 May 1952.
2. The applicant states a mistake was made recording his DOB on his DD Form 214.
3. The applicant provides no additional evidence.
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. In connection with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) whereon he listed his DOB as 5 August 1952.
3. He enlisted in the Regular Army on 17 January 1972. Item 21 (DOB) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) listed his DOB as 5 August 1952.
4. He initiated or completed various forms during his period of military service, including the following documents. In each case, he indicated his DOB was 5 August 1952:
* DA Form 20 (Enlisted Qualification Record
* Armed Forces fingerprint card
5. He was honorably released from active duty on 27 June 1975. Item 4 (DOB) of his DD Form 214 shows his DOB as 5 May 1952.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.
DISCUSSION AND CONCLUSIONS:
Upon enlisting in the Regular Army on 17 January 1972, the applicant recorded his DOB as 5 August 1952. The DOB he listed at that time is consistent with the DOB shown on several documents throughout his active duty service. It appears that an error occurred when his DD Form 214 was prepared listing his month of birth as May instead of August. Therefore, he is entitled to correction of his DD Form 214 to show his DOB as 5 August 1952.
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 is 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 to show his DOB as 5 August 1952.
____________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) AR20130009243
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130009243
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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