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ARMY | BCMR | CY2014 | 20140004142
Original file (20140004142.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140004142 


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 show his date of birth (DOB) as 3 June XXXX instead of 14 February XXXX
* DD Form 2 (Uniformed Services Identification Card) to show his social security number (SSN) as XXX-XX-X2XX instead of XXX-XX-X1XX

2.  The applicant states his DOB is wrong on his DD Form 214 and his military identification card has the wrong SSN listed.

3.  The applicant provides:

* birth certificate
* social security card
* Indiana driver's license
* DD Form 2
* DD Form 214

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 ABCMR is not the issuing authority for the DD Form 2.  The applicant is advised to contact the nearest military installation or military identification card issuing facility regarding his DD Form 2 with a copy of his DD Form 214.  Therefore, this issue will not be addressed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 16 January 1978.

4.  His DD Form 1966 (Application for Enlistment – Armed Forces of the United States) and DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) both show his DOB as 3 June XXXX.

5.  On 20 February 1980, he was honorably retired and placed on the Temporary Disability Retired List (TDRL).  His DD Form 214 shows his DOB as 14 February XXXX.

6.  On 31 January 1982, the applicant was removed from the TDRL and retired by reason of permanent disability.

7.  The applicant provided a copy of his birth certificate and Indiana driver's license that both show his DOB as 3 June XXXX.  He also provided a copy of his social security card and DD Form 2.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant provided the requested DOB during his enlistment processing.  It appears an administrative error occurred when his DOB was entered on his DD Form 214 at the time of his retirement on 20 February 1980.  Therefore, he is entitled to correction of his DD Form 214 to show his DOB as it appears on his DD Form 1966.



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 it appears on his DD Form 1966.



      _______ _   _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)                                         AR20140004142



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20140004142



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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