IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140004965
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 the date of birth (DOB) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states his DD Form 214 shows his DOB as 29 November 1959, but the correct date is 20 November 1959.
3. He provides his Certificate of Birth and his 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. On 15 September 1983, the applicant enlisted in the U.S. Army Reserve in the Delayed Entry/Enlistment Program (DEP). His enlistment documents show his DOB was recorded as 20 November 1959 as verified by his birth certificate.
3. On 21 September 1983, he was discharged from the DEP and enlisted in the Regular Army (RA). He continued his RA service through enlistments and extensions.
4. Review of his records shows his DOB was consistently shown as
20 November 1959 throughout his service.
5. On 6 March 1992, he was discharged for physical disability with severance pay. Block 5 (DOB) of the DD Form 214 issued at that time shows his DOB (in year, month, day format) as "591129."
6. He provides a Certificate of Birth showing he was born on 20 November 1959.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows his DOB was recorded incorrectly on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show the DOB recorded 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 the current entry from block 5 of his DD Form 214 and replacing it with the DOB 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) AR20140004965
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ABCMR Record of Proceedings (cont) AR20140004965
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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