IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140014108
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 XX June 1971 vice XX June 1973.
2. The applicant states his DOB is wrong on his DD Form 214; he believes a clerical error was made.
3. The applicant provides his DD Form 214, certificate of birth, passport, driver's license, and six pages of medical records.
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 (USAR) Delayed Entry Program (DEP) on 4 August 1988. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 4 August 1988, shows his DOB as XX June 1971. He was discharged from the DEP on 5 July 1989.
3. On 6 July 1989, he enlisted in the Regular Army (RA). He provides a Standard Form 88 (Report of Medical Exam), dated 5 January 1990, wherein it shows his DOB as XX June 1971.
4. On 7 April 1994, he reenlisted in the RA. His DD Form 4, dated 7 April 1994, shows his DOB as XX June 1971.
5. On 30 July 1997, in conjunction with his upcoming release from active duty, he enlisted in the USAR. His DD Form 4, dated 30 July 1997, shows his DOB as XX June 1971.
6. He was honorably released from active duty on 6 August 1997 and he was transferred to the USAR. Item 5 (DOB) of the DD Form 214 he was issued shows his DOB as XX June 1973.
7. The applicant provides a Michigan Department of Public Health Certificate of Live Birth, dated 10 April 1972, wherein it shows his DOB as XX June 1971.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant listed his DOB as XX June 1971 upon his enlistments in the USAR DEP and the RA. This is the only DOB he used throughout his military service. It appears an administrative error occurred during the preparation of his DD Form 214 and his DOB was listed incorrectly as XX June 1973. Therefore, he is entitled to correction of his DD Form 214 to show his correct DOB.
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 his DD Form 214 by deleting the entry in item 5 and replacing it with the DOB listed on his certificate of 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) AR20140014108
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ABCMR Record of Proceedings (cont) AR20140014108
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