IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140014322
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 September 2004 to show her date of birth (DOB) as XX August 1957 vice XX August 1961.
2. The applicant states her DOB is incorrect on her DD Form 214 for the period ending 8 September 2004. She was born on XX August 1957 and this DOB is correctly shown on her DD Forms 214 that ended in 1990, 1991, and 1996.
3. The applicant provides three DD Forms 214, a letter, two social security cards, and two passports.
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) on 4 April 1990. Her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 4 April 1990, lists her DOB as XX August 1957.
3. She entered active duty for training (ADT) a member of the USAR on 11 April 1990 and she was released from ADT on 18 September 1990 to the control of the USAR. Item 5 (DOB) of the DD Form 214 she was issued for this period of service lists her DOB as XX August 1957.
4. She was ordered to active duty as a member of her USAR unit in support of Operation Desert Shield/Storm and entered active duty on 29 November 1990. She was honorably released from active duty on 6 July 1991 to the control of the USAR. Item 5 of the DD Form 214 she was issued for this period of service lists her DOB as XX August 1957.
5. She was ordered to active duty as a member of her USAR unit in support of Operation Uphold/Maintain Democracy and entered active duty on 12 October 1995. She was honorably released from active duty on 21 March 1996 to the control of the USAR. Item 5 of the DD Form 214 she was issued for this period of service lists her DOB as XX August 1957.
6. She reenlisted in the USAR on 28 March 1998. Her DD Form 4, dated 28 March 1998, lists her DOB as XX August 1961.
7. She was ordered to active duty as a member of her USAR unit in support of Operation Enduring Freedom and entered active duty on 12 June 2003. She was honorably released from active duty on 8 September 2004 to the control of the USAR. Item 5 of the DD Form 214 she was issued for this period of service lists her DOB as XX August 1961.
8. The applicant provides two passports that show her DOB as XX August 1957.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms when the applicant initially enlisted in the USAR on 4 April 1990 her DOB was listed as XX August 1957. This is the DOB that is listed on her DD Forms 214 for the periods ending 18 September 1990, 6 July 1991, and 21 March 1996. It appears an error occurred when she reenlisted in the USAR on 28 March 1998 and her year of birth was inadvertently entered as XX August 1961. This error was compounded when her DD Form 214 for the period ending 8 September 2004 was prepared with her DOB listed as XX August 1961. Therefore, it would be appropriate to correct her DD Form 214 for the period ending 8 September 2004 to show her DOB as it is shown on her DD Form 214 for the period ending 21 March 1996.
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 her DD Form 214 for the period ending 8 September 2004 by deleting the entry in item 5 and replacing it with the DOB shown on her DD Form 214 for the period ending 21 March 1996.
_______ _ 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) AR20140014322
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ABCMR Record of Proceedings (cont) AR20140014322
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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