BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130010915
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, in three applications, correction of item 5 (Date of Birth (DOB)) and item 12a (Date Entered Active Duty (AD) This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his DD Form 214 contains typographical errors and should be corrected to show:
a. item 5 - the year 1963 instead of 1964; and
b. item 12a he entered active duty on 7 May 1984 instead of 7 May 1994.
3. The applicant provides:
* DD Forms 214
* Certificate of Birth
* copies of his Texas Driver's License, U.S. Passport, and Social Security Card
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 enlisted in the Regular Army on 7 May 1984. The DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) completed during his enlistment processing lists his date of enlistment as
"07 May 1984" and his DOB as 20 March 1963.
3. On 27 January 1999, he was honorably discharged from active duty. The DD Form 214 issued him at that time includes the following entries in the items indicated:
* Item 5 - "19640320"
* item 12a - "1994 05 07"
* Item 12c (Net Active Service This Period) "0014 08 20" (indicating 14 years, 8 months, and 20 days creditable active duty service)
4. He provided a copy of his Certificate of Birth, Driver's License, and U.S. Passport that shows his DOB as 20 March 1963.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from AD service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214 and states for:
* item 5, enter the member's DOB
* item 12a, enter the beginning date of the continuous period of AD for issuance of the DD Form 214, for which a DD Form 214 was not previously issued
* item 12c, enter the amount of service completed during the period covered by the DD Form 214, which is computed by subtracting item 12a from 12b
DISCUSSION AND CONCLUSIONS:
1. The applicant contends items 5 and 12a of his record should be corrected. The evidence of record shows that at the time he entered the Army his DOB was listed as 20 March 1963, and his military record contains official documents which list this same DOB. He now provides a Certificate of Birth, Texas Driver's License, and U.S. Passport that confirm his DOB as 20 March 1963. It appears an administrative error occurred during the processing of his DD Form 214. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his DOB as shown on his Certificate of Birth.
2. His DD Form 4 confirms he entered active duty on 7 May 1984. However, his DD Form 214 shows he entered active duty on 7 May 1994 (item 12a), was discharged 27 January 1999, and completed 14 years, 8 months, and 20 days of active duty service. Therefore, item 12a of his DD Form 214 clearly contains an error and should be corrected at this time to show the "1984 05 07" as shown on his DD Form 4.
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 the current entries in the items indicated and replacing them accordingly:
* item 5 "19630320"
* item 12a "1984 05 07"
_______ _ 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) AR20130010915
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ABCMR Record of Proceedings (cont) AR20130010915
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