BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20140000624
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 list the day and month of his date of birth (DOB) as "8 July" instead of "7 August."
2. He states the day and month are transposed.
3. The applicant provides his DD Form 214, Social Security Card, and Illinois Driver's License.
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 record contains a DD Form 4 (Enlistment/Reenlistment Document) that shows he enlisted in the Delayed Entry Program of the U.S. Army Reserve (USAR) on 17 March 1986. He later enlisted in the Regular Army on 18 November 1986. His DOB on this form shows the day and month as
"7 August."
3. A DA Form 4187 (Personnel Action), dated 21 November 1986, indicates he submitted a request to change his DOB from "7 August" to "8 July." The request was approved.
4. A second DD Form 4 shows he reenlisted in the Regular Army on 21 March 1989 for a period of 4 years. His DOB depicts the day and month as "8 July."
5. On 20 March 1993, he was released from active duty. His DD Form 214 shows his DOB as "xx0807" (7 August xx).
6. He provided his Illinois Driver's License that shows "8 July" as the day and month of his DOB.
DISCUSSION AND CONCLUSIONS:
It appears that upon his initial enlistment in the Army he transposed the day and month of his DOB to read "7 August" instead of "8 July." After a request for a record's correction in November 1986, his DOB was correctly listed as "8 July" on all of his official records. It is reasonable to conclude that when his DD Form 214 was prepared records which preceded the DOB correction were inadvertently used as the source documentation. As such, he is entitled to the relief he requests.
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 to show the DOB as listed on the DD Form 4, dated 21 March 1989.
_________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) AR20140000624
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ABCMR Record of Proceedings (cont) AR20140000624
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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