IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001518
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his correct and complete date of birth (DOB).
2. The applicant states his DD Form 214 reflects an incomplete DOB as it does not reflect the correct day. His date of birth was the 11th instead of 1 as reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214, military identification card, birth certificate, and drivers 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 enlisted in the Massachusetts Army National Guard (MAARNG) on 1 February 1983 and indicated that his date and month of birth was
11 November.
3. He was ordered to active duty training (ADT) on 20 April 1983 and completed his training as an infantryman at Fort Benning, GA. On 22 July 1983, he was released from ADT and was returned to his MAARNG unit. His DD Form 214 issued at the time of his release from ADT shows a DOB of 63111."
4. He continued to serve and was honorably discharged from the MAARNG and was transferred to the Retired Reserve on 9 February 2004.
5. A review of his official records shows that he served all of his service with a DOB of 631111.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOB is incorrectly depicted on his DD Form 214 has been noted and found to have merit.
2. The applicant enlisted with a DOB of 11 November; however, his DD Form 214 was prepared to reflect a DOB of 63111, which is missing one digit.
3. Accordingly, his DD Form 214 should be corrected to reflect the DOB that is reflected 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 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 his DD Form 214 the DOB presently reflected and replacing it with the DOB that is contained 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) AR20140001518
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ABCMR Record of Proceedings (cont) AR20140001518
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