IN THE CASE OF:
BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140017805
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 15 December 1958.
2. The applicant states his DOB is incorrect on his DD Form 214.
3. The applicant provides:
* birth certificate
* 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. The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 15 August 1977. His DOB is shown as 15 December 1958 on his DD Form 4 (Enlistment/Reenlistment Agreement Armed Forces of the United States).
3. He was discharged from the USAR DEP on 28 September 1977 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 29 September 1977 for 3 years. On 20 July 1983, he was honorably released from active duty.
4. Item 5 (DOB) of his DD Form 214 shows his DOB as 15 December 1951.
5. He provided a copy of his birth certificate which shows his DOB as 15 December 1958.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated to ensure that all information entered on the DD Form 214 is accurate.
DISCUSSION AND CONCLUSIONS:
The applicant contends he was born on 15 December 1958 and his DD Form 4 supports this contention. Therefore, the DD Form 4 entry which shows his DOB as 15 December 1958 is accepted as sufficient evidence on which to amend item 5 of his DD Form 214.
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 DOB entry in item 5 of his DD Form 214 and replacing it with the DOB shown on his DD Form 4.
___________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) AR20140017805
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ABCMR Record of Proceedings (cont) AR20140017805
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