IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130017560
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth in item 5 (Date of Birth (DOB)).
2. The applicant states his DOB is incorrectly listed on his DD Form 214.
3. The applicant provides a copy of his:
* DD Form 214
* Certification of Birth Registration
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. A Standard Form 88 (Report of Medical Examination) prepared during his enlistment processing on 20 November 1993, lists his DOB as 3 August 1975.
3. The applicant enlisted in the Regular Army on 17 August 1994 for a period of 4 years. The DD Form 4 (Enlistment Record Armed Forces of the United States) and DD Form 1966/1 (Record of Military Processing Armed Forces of the United States) completed during his enlistment processing list his DOB as
22 January 1976.
4. The applicant's available record contains a DA Form 4187 (Personnel Action), dated 23 August 1994, which shows he requested that item 6 (DOB) on his
DD Form 4/1 be changed from 22 January 1976 to 3 August 1975, due to an administrative error. The personnel action was verified and approved.
5. On 16 August 1998, the applicant was honorably released from active duty (REFRAD) having completed 4 years of total active service. Item 5 of the DD Form 214 he was issued lists his DOB as 22 July 1976.
6. He provided a copy of his Certification of Birth Registration which shows his DOB as 3 August 1975.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DOB is incorrectly documented on his DD Form 214 was carefully considered and was found to have merit.
2. The applicant's DOB was listed as both 22 January 1976 and 3 August 1975 in his military record. This error was subsequently corrected; however, the correction was not effected throughout his record. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his DOB as 3 August 1975 as it is listed on his Certification of Birth Registration.
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 from item 5 of his DD Form 214 the current entry and replacing it with the DOB entry as it is listed on his Certification of Birth Registration.
____________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) AR20130017560
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017560
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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