BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140005189
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 date of birth (DOB) shown on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 January 1987.
2. The applicant states his year of birth should be 1962 instead of 1969.
3. The applicant provides no additional evidence in support of his application.
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 21 September 1984, he enlisted in the U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program. Page 1 of his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his DOB with the year of birth as 1962. On 5 October 1984, he enlisted in the Regular Army for 4 years.
3. His record contains a Personnel Qualification Record, Part I prepared on
30 January 1987. Section I - Personal Data, item 7 (DOB) shows his DOB with the year 1962.
4. On 29 January 1987, he was retired and placed on the Temporary Disability Retired List (TDRL) the following day. His DD Form 214 with a separation date of 29 January 1987 shows his DOB with the year 1969.
DISCUSSION AND CONCLUSIONS:
His DD Form 4 and his Personnel Qualification Record, Part I show his DOB with the year as 1962. If his year of birth had been 1969 he would have been
15 years of age at the time of his enlistment in the USAR. Therefore, there is sufficient evidence to correct his DD Form 214 to show his year of birth as 1962.
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
changing his DD Form 214 to show his DOB as shown on his DD Form 4.
___________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) AR20140005189
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005189
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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