IN THE CASE OF:
BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140001145
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 record to show his date of birth (DOB) as 29 December XXXX instead of 12 December XXXX.
2. The applicant states his DOB contains a typing error.
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 enlisted in the Regular Army on 19 January 1972. Item 21 (DOB) of his DD Form 4 (Enlistment/Reenlistment Contract Armed Forces of
the United States) lists his DOB as 12 December XXXX. He authenticated this form by placing his signature in the appropriate places.
3. The DOB entries listed on the following documents created during the applicant's enlistment processing or after his entry on active duty each list his DOB as 29 December XXXX:
* Standard Form 88 (Report of Medical Examination), dated 13 August 1971, item 12
* DA Form 20 (Enlisted Qualification Record), item 6
* DD Form 1584 (National Agency Check Request), item 5
4. The applicant was honorably released from active duty on 17 January 1975. Item 4 (DOB) of his DD Form 214 shows his DOB as 12 December XXXX.
5. He provides a certificate of birth, dated 2 January 1953, which shows his DOB as 29 December XXXX.
DISCUSSION AND CONCLUSIONS:
It is clear that the applicant's military record incorrectly shows his DOB on some documents, as it is recorded differently on his military record. Therefore, given that some documents list the DOB that he claims is correct and which is consistent with the DOB shown on his certificate of birth, his DD Form 214 should be corrected at this time to show his DOB as 29 December XXXX as shown on his Certificate of Birth.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 his DOB as 29 December XXXX as shown on his Certificate of Birth.
____________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) AR20140001145
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