IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140008101
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) to show his date of birth (DOB) as 22 July 1957 versus 10 July 1958.
2. The applicant states, in effect, the DOB listed on his DD Form 214 is incorrect. He also requests an original copy of his DD Form 214.
3. The applicant provides a DD Form 214, a page from his passport showing his DOB, and a 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 U.S. Army Reserve on 11 January 1983. Item 7 (DOB) of his DD Form 4 (Enlistment/Reenlistment Document) shows his DOB as 10 July 1958. Additionally, item 11 (Date of Birth) of his DD Form 1966 (Application for Enlistment - Army Forces of the United States) shows his DOB as 10 July 1958. Item 40 (Data Verification by Recruiter), sub-item b (Age), states the recruiter verified the applicant's age using his birth certificate.
3. He was released from active duty after completing active duty for training on 29 April 1983. Item 5 (DOB) of his DD Form 214 shows his DOB as 10 July 1958. The original DD Form 214 is not contained in his personnel record.
4. His service records contain a certificate of birth and baptism from a church, dated 28 July 1981. This is the only document found in the available record that shows the DOB for which a change in military records has been requested. It shows his DOB as 22 July 1957.
5. He provides a Certificate of Live Birth issued on 2 July 1998 that shows his DOB as 22 July 1957.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, 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. The regulation provides that a DD Form 214 will not be issued to replace copies of DD Forms 214 lost by the Soldier. If no DD Form 214 is available, issue a statement of service or transcript of military record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant consistently used 10 July 1958 as his DOB during the entire time of his military service.
2. However, his record also contains a certificate of birth and baptism from a church, dated 28 July 1981, that shows the DOB for which a change in military records has been requested. This document pre-dates his enlistment date and is accepted as sufficient to support his contention that the DOB listed on his DD Form 214 is in error. Therefore, he is entitled to correction of his DD Form 214 to show his DOB as 22 July 1957.
3. The applicant requested an original copy of his DD Form 214. The applicant was issued a DD Form 214 and he has a copy of it. The governing regulation prohibits the issuance of a DD Form 214 to replace copies or DD Forms 214 lost by the Soldier. Therefore, he is not entitled to this portion of the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214 the existing DOB in item 5 and adding the DOB shown on his certificate of birth and baptism.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the issuance of an original DD Form 214.
_______ _ 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) AR20140008101
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ABCMR Record of Proceedings (cont) AR20140008101
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