BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140007008
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as
6 September 1968.
2. The applicant states he recently noticed the error. He is a Federal worker and he wants to ensure there are no issues when he retires from Federal service.
3. The applicant provides a copy of his Ohio Driver License issued in 2012 and a certificate of live birth (uncertified).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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. He enlisted in the Regular Army on 26 December 1991. After completing basic combat and advanced individual training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman).
3. A review of his personnel records reveal his DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States) shows his DOB as 12 September 1970. A DD Form 398-2 (Department of Defense - National Agency Questionnaire) signed by the applicant on 24 April 1991, however, shows his DOB as 6 September 1968.
4. He was released from active duty on 23 April 1995 with an honorable discharge. His DOB is shown as 12 September 1970.
5. The applicant provides an Ohio Driver's License and Ohio birth certificate, which both show his DOB as 6 September 1968.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, outlines guidance for the preparation of the DD Form 214 and requires all entries to be accurate by using approved source documents. These source documents include the DA Form 201 (Military Personnel Records Jacket) and the DD Form 4.
DISCUSSION AND CONCLUSIONS:
The available records provide conflicting evidence regarding the applicant's DOB; however, a DD Form 398-2 completed on 24 April 1991 shows the DOB the applicant claims is correct. This document provides sufficient evidence to correct his DD Form 214 to show his DOB as 6 September 1968. Based upon the foregoing, relief should be granted.
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 the DD Form 214 to show a DOB of 6 September 1968.
_______ _ 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) AR20140007008
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