IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140017976
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 September XXXX.
2. He states his DOB is incorrectly listed on his DD Form 214.
3. He provides his DD Form 214 and Ohio 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 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. His military records show he enlisted in the Regular Army on 26 November 1984 and his enlistment documents show his DOB as XX September XXXX.
3. He was honorably released from active duty on 25 June 1990. His DD Form 214 shows in item 5 (Date of Birth) - XX April XXXX.
4. He submits a copy of his birth certificate showing his DOB as XX September XXXX.
DISCUSSION AND CONCLUSIONS:
It appears his DOB was incorrectly entered on his DD Form 214. Therefore, his DD Form 214 should be corrected to show his DOB as listed as XX September XXXX.
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 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 correcting his DD Form 214 to show the DOB listed 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) AR20140017976
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ABCMR Record of Proceedings (cont) AR20140017976
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