IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130017045
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 her DD Form 214 (Report of Separation from Active Duty) to show her date of birth (DOB) as listed on her birth certificate.
2. She states her DOB is incorrect.
3. She provides her 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 enlisted in the Regular Army on 3 February 1975. Her enlistment contract shows her DOB as listed on her birth certificate.
3. She was honorably discharged on 26 January 1977. The DD Form 214 she was issued shows a different DOB as listed on her birth certificate
4. She provided a copy of her birth certificate which shows her DOB as 28 July 1956.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service record includes documents which show her DOB as listed on her birth certificate. However, her DD Form 214 shows a different DOB.
2. It appears that an administrative error occurred when her DOB was recorded on her DD Form 214. Therefore, it would be appropriate to correct her DD Form 214 to show her DOB as it is recorded on her birth certificate.
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 her DD Form 214 to show her DOB as it is recorded on her birth certificate.
_______ _ __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) AR20130017045
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017045
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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