IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130011529
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 30 January 1989 to show his date of birth (DOB) as "10 September 1962" instead of "10 September 1961."
2. The applicant states his DD Form 214 for the period ending 30 January 1989 shows his DOB as "10 September 1961," but his birth date is "10 September 1962."
3. The applicant provides a copy of his DD Form 214 for the period ending
30 January 1989.
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 enlistment contract shows he enlisted in the U.S. Army Reserve (USAR) on 7 February 1983. Item 7 (DOB) of this contract shows his DOB as "10 September 1962." He was ordered to active duty on 14 February 1983 for training and he was released from active duty on 19 May 1983. His
DD Form 214 for the period ending 19 May 1983 shows his DOB as
"10 September 1962."
3. He enlisted in the Regular Army (RA) on 5 October 1984. His enlistment contract shows his DOB as "10 September 1962." He was discharged on 30 January 1989.
4. Item 5 (DOB) of his DD Form 214 for the period ending 30 January 1989 shows the entry "610910" (10 September 1961).
DISCUSSION AND CONCLUSIONS:
The applicant contends he was born on "10 September 1962," and his USAR and RA enlistment contracts and DD Form 214 for the period ending 19 May 1983 support this contention. Based on the foregoing, it would be appropriate to correct item 5 of his DD Form 214 for the period ending 30 January 1989 to show his DOB as "10 September 1962."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ 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
deleting the entry in item 5 of his DD Form 214 for the period ending 30 January 1989 and replacing it with the entry "620910."
__________ 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) AR20130011529
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130011529
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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