IN THE CASE OF:
BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20130012968
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 date of birth (DOB) as 29 October 1957.
2. The applicant states his DOB is incorrectly reflected in his records. His birth certificate records his true DOB as 29 October 1957.
3. The applicant provides a copy of his DD Form 214 and birth certificate.
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 records contain:
a. DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his DOB listed as 29 October 1959.
b. Standard Form 88 (Report of Medical Examination), dated 15 May 1979, that shows his DOB as 29 October 1959.
c. DD Form 1966/1 (Application for Enlistment - Armed Forces of the United States) that lists his DOB as 29 October 1959.
3. His records contain several other documents that list his DOB other than he requests. However, his record does contain a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 1 June 1988, that lists his DOB as 29 October 1957, as he requests.
4. On 1 October 1997, he was honorably discharged. The DD Form 214 he was issued shows his DOB as 9 November 1957.
5. He provides a copy of his Samoan birth certificate issued under the seal of the Registrar on 21 November 2007 that lists his DOB as 29 October 1957, as he requests.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's DOB was recorded both correctly and incorrectly in his records. However, an available document shows he used the DOB that is listed on his birth certificate during his period of active service. Therefore, his DD Form 214 should be corrected to show his DOB as it is listed on his birth certificate.
2. In view of the foregoing, 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 deleting the current entry from item 5 (DOB) of his DD Form 214 and replacing it with the entry "19571029."
_______ _ 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) AR20130012968
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ABCMR Record of Proceedings (cont) AR20130012968
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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