IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140013739
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 item 5 (Date of Birth (DOB)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 29 June 1991, to show his DOB as "29 September 19XX" instead of "29 March 19XX."
2. The applicant states, in effect, he believes the record to be in error or unjust due to his 1991 DD Form 214 listing an incorrect DOB.
3. The applicant provides copies of the following:
* 1991 DD Form 214
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* birth certificate
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant was inducted into the Army of the United States on 20 July 1972. His records contain the following:
* DD Form 47 (Record of Induction), dated 20 July 1972, which lists his DOB as "29 September 19XX"
* DD Form 398 (Statement of Personal History), dated 20 July 1972, which lists his DOB as "29 September 19XX"
* DA Form 20 (Enlisted Qualification Record), dated 22 September 1973, which lists his DOB as "29 September 19XX"
* DA Form 41 (Record of Emergency Data), dated 22 September 1973, which lists his DOB as "29 September 19XX"
3. He was released from active duty on 8 July 1974 and he was transferred to the U.S. Army Reserve Control Group. Item 4 (DOB) of his DD Form 214 lists his DOB as "29 September 19XX."
4. He enlisted in the Illinois Army National Guard (ILARNG) on 31 August 1984. His ARNG records contain the following:
* DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 31 August 1984, which lists his DOB as "29 March 19XX"
* DD Form 1996/1 (Application for Enlistment Armed Forces of the United States), dated 31 August 1984, which lists his DOB as "29 March 19XX"
* DA Form 2-1 (Personnel Qualification Record Part II), dated 31 August 1984, which lists his DOB as "29 September 19XX"
5. He entered on active duty in support of Operation Desert Shield/Storm on 20 September 1990. He was released from active duty on 29 June 1991 and he was transferred to the ILARNG. Item 5 of his DD Form 214 lists his DOB as "29 March 19XX."
6. He was discharged from the ILARNG on 29 September 1991. Item 7 (DOB) of his National Guard Bureau Form 22 (Report of Separation and Record of Service) lists his DOB as "29 September 19XX."
7. He provided the following:
* DD Form 215, dated 6 August 1992, which added missing awards to his 1991 DD Form 214
* State of Illinois birth certificate, issued on 27 August 1995, which identified an individual with same name of record as the applicant was born on "29 September 19XX"
8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 5 would list the DOB verified in the Soldier's record.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's DOB is "29 September 19XX." It appears his 1991 DD Form 214 contains a typographical error. Therefore, he is entitled to correction of item 5 of this DD Form 214 to list the same DOB as shown on his birth certificate.
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 ending on 29 June 1991 the DOB listed and replacing it with the same DOB as shown on his birth certificate.
_______ _ 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) AR20140013739
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ABCMR Record of Proceedings (cont) AR20140013739
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