IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140003338
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 (Certificate of Release or Discharge from Active Duty) to show her date of birth (DOB) as 30 September instead of 30 April.
2. The applicant states her DD Form 214 incorrectly reflects that she was born on 30 April instead of 30 September. She attempted on several occasions to have this corrected but it never was.
3. The applicant provides a copy of her birth certificate showing she was born on 30 September.
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 14 July 1993 for a period of 3 years and training as a wheel vehicle repairer. At the time of her enlistment she provided a copy of her birth certificate that shows her birth month as September. Her enlistment contract was prepared accordingly.
3. She completed her training and was transferred to Fort Stewart, GA, where she remained until she was honorably released from active duty (REFRAD) on 10 July 1995. Her DD Form 214 issued at the time of her REFRAD shows her DOB in item 5 as being in April instead of September.
DISCUSSION AND CONCLUSIONS:
1. Her contention that her DD Form 214 should be corrected to show her birth month as September instead of April has been noted and found to have merit.
2. At the time of her enlistment, she noted her birth month as September, which is consistent with the birth month on her birth certificate. She consistently used that birth month and DOB throughout her period of service; however, her DD Form 214 shows her birth month as April. Accordingly, it is reasonable to conclude her DD Form 214 was prepared in error.
3. Accordingly, her DD Form 214 should be corrected to show her date of birth as reflected 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 shown 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) AR20140003338
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140003338
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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