IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140011657
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 correct date of birth (DOB).
2. The applicant states his DOB is 3 July 195X, not 3 May 195X. He states he did not notice the incorrect DOB until he filed a claim for veterans' benefits.
3. The applicant provides copies of his birth certificate and DD Form 214.
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. A DD Form 1966-Series (Application for Enlistment Armed Forces of the United States), prepared at the time of the applicant's enlistment processing, shows in item 43 (Data Verification) for "Age" the entries "19, Birth Certificate,
3 July 195X." The applicant and an Army recruiter placed their signatures on the document.
3. A DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 23 May 1977 and that he then further enlisted in the Regular Army (RA) on
24 August 1977. Item 7 (DOB) shows the entry "3 July 195X."
4. A DD Form 4 shows the applicant reenlisted in the RA on 27 December 1979. Item 7 shows the entry "3 May 195X." Through two additional reenlistments, on 10 December 1982 and on 26 November 1985, the applicant continued to serve in the RA. Both of the DD Forms 4 show his DOB as "3 May 195X."
5. The applicant's DD Form 214 shows he was honorably discharged from the RA on 22 November 1989. It also shows in item 5 (DOB) the entry "5X/05/03"
(i.e., 3 May 195X).
6. In support of his application, the applicant provides a copy of a State of Tennessee, Department of Public Health, Division of Vital Statistics, Certificate of Live Birth, that shows he was born on 3 July 195X.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's correct DOB was recorded in his military service records when he initially enlisted in the U.S. Army. However, at some point during the period of service under review, an incorrect DOB was recorded in his military service records and also on his DD Form 214 when he was honorably discharged.
2. Therefore, it would be appropriate at this time to correct the applicant's records to show his correct DOB, 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 deleting from item 5 of his DD Form 214 the current entry and replacing it with his date of birth that is shown 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) AR20140011657
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ABCMR Record of Proceedings (cont) AR20140011657
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