IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140006967
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 15 December XXXX instead of 17 December XXXX.
2. The applicant states her DOB is incorrectly reflected on her DD Form 214.
3. The applicant provides a copy of her DD Form 214 and 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 enlisted in the Regular Army on 2 September 1982. Her record contains a DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) which lists her DOB as 17 December XXXX.
3. Her record contains two DA Forms 428 (Application for Identification Card), a DA Form 2A (Personnel Qualification Record), a Standard Form 88 (Report of Medical Examination), and a DA Form 3713 (Data for Retired Pay) which list her DOB as she requests.
4. On 12 November 1985, she was honorably retired due to permanent physical disability. The DD Form 214 she was issued shows her DOB as 17 December XXXX.
5. She provides a copy of her Certificate of Live Birth that lists her DOB as 15 December XXXX.
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's record contains several forms consistent with the DOB that appears on her Certificate of Live Birth. Therefore, her DD Form 214 should be corrected to show her DOB as it is listed on her Certificate of Live 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 item 5 (DOB) of her DD Form 214 and replacing it with the entry as shown on her 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) AR20140006967
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140006967
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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