BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140005148
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), for the periods ending on 6 May 2006 and 17 June 2010, to show he was born in the year "1971" instead of "1972."
2. The applicant states according to his birth certificate he was born on X March 1971.
3. The applicant provides:
* DD Form 214 ending on 6 May 2006
* DD Form 214 ending on 17 June 2010
* DD Form 214C (Certificate of Release or Discharge from Active Duty (Continuation Sheets)) dated 25 May 2010
* Certificate of Live Birth
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's official record contains a Request for Verification of Birth certified on 26 September 1996 and a Standard Form 86 (Questionnaire for National Security Positions), which show his date of birth (DOB) as "X March 1971."
3. The applicant enlisted in the U.S. Army Reserve on 26 September 1996. His Enlistment/Reenlistment Document and his Record of Military Processing Armed Forces of the United States show "X March 1972" as his DOB.
4. The interactive Personnel Electronic Records Management System and the U.S. Army Human Resources Command Integrated Web Services Soldier Management System contains a certified copy of the applicant's Abstract of Birth which shows his DOB as "X March 1971." He provides a Certificate of Live Birth which also shows "X March 1971" as his DOB.
5. The applicant provides copies of his DD Form 214 for the periods ending on 6 May 2006 and 17 June 2010. Both forms show "X March 1972" as his DOB.
6. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214 and stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The documents contained in the applicants official record show "1971" and "1972" as the year in which he was born. However, both his Certified Abstract of Birth and his Certificate of Live Birth show "X March 1971" as his DOB. It would be appropriate to correct both of his DD Forms 214 to show his DOB as recorded on his Certificate of Live Birth.
2. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 his DD Forms 214 for the periods ending on 6 May 2006 and 17 June 2010 to show his DOB as recorded on his Certificate of Live 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) AR20140005148
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