IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140014844
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 reflect his date of birth (DOB) as 13 February XXXX.
2. The applicant states the DOB on his DD Form 214 is incorrect and is preventing him from receiving benefits.
3. The applicant provides his birth certificate and DD Form 4 (Enlistment/
Reenlistment Document Armed Forces of the United States).
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 Regular Army on 30 October 1985.
3. His records contain the following documents which list his DOB as 13 February XXXX:
* DD Form 4
* DA Form 873 (Certificate of Clearance and/or Security Determination)
4. On 29 October 1987, he was honorably released from active duty. Item 5 (DOB) of his DD Form 214 shows his DOB as 12 February XXXX.
5. The applicant provided a copy of his birth certificate which shows his DOB as 13 February XXXX.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his DOB as 13 February XXXX was carefully considered and found to have merit.
2. His records contain multiple documents reflecting his DOB as 13 February XXXX. Therefore, his DD Form 214 should be corrected to show his DOB as it is recorded on his DD Form 4 and birth certificate.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the current entry in item 5 of his DD Form 214 and replacing it with the DOB 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) AR20140014844
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ABCMR Record of Proceedings (cont) AR20140014844
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