IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140019245
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 military records to show his date of birth (DOB) as XX February 1954 vice 1955.
2. The applicant states some of his records show the year of birth as 1955 while others show this date as 1954.
3. The applicant provides a driver's license.
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. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as XX February 1954.
3. The applicant enlisted in the RA on 29 January 1973. His DD Form 4 (Enlistment Contract) listed his DOB as XX February 1954. His recruiter also completed a statement verifying his DOB as XX February 1954.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his DOB as XX February 1955.
5. His records contain a DD Form 1584 (National Agency Check Request) and an Armed Forces Fingerprint Card that show his DOB as XX February 1954.
6. He was honorably discharged from active duty on 7 March 1973. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in Item 9 (DOB) XX February 1955.
7. He provides a driver's license that show his name and the DOB as XX February 1954.
8. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The applicant's records show he listed his DOB as XX February 1954 at the time of his enlistment in the RA. Aside from his DA Form 20, his DOB is consistently recorded as XX February 1954 on all other documents in his service record, including his DD Form 1584 (National Agency Check Request) and an Armed Forces Fingerprint Card. It appears his DD Form 214 inadvertently shows an incorrect DOB. Therefore, he is entitled to correction of his DD Form 214 to show his DOB as XX February 1954.
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 deleting the current DOB and adding the DOB as it is listed on his driver's license (XX February 1954).
_______ _ 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) AR20140019245
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ABCMR Record of Proceedings (cont) AR20140019245
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