IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140019291
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) to show her year of birth as 1960.
2. The applicant states her year of birth is incorrectly shown on her DD Form 214 as 1961.
3. The applicant provides no additional documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 21 October 1980, the applicant enlisted in the Regular Army. She served for 3 years and attained the rank of specialist four, pay grade E-4. She was released from active duty (REFRAD) on 20 October 1983 and transferred to the U.S. Army Reserve Control Group (Reinforcement). Her DD Form 214 lists her year of birth as 1961.
3. The applicants military records include the following documents showing her year of birth as 1960:
* DA Form 873 (Certification of Clearance and/or Security Determination), dated 9 December 1980
* DA Form 428 (Application for Identification Card), dated 25 January 1982
* DA Form 2A (Personal Qualification Record, Part I), prepared on 28 June 1983
4. Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents. It required the entry of the Soldier's date of birth in Item 5 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show her year of birth as 1960.
2. The evidence of record shows the applicants year of birth was recorded on various documents as being 1960. Accordingly, it would be appropriate to correct her DD Form 214 to show her year of birth as 1960.
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 showing in Item 5 of her DD Form 214 the same date of birth as shown on her DA Form 2A.
_____________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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20140019291
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