IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20140020499
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 the date of birth (DOB) in her Army records be corrected.
2. The applicant states there is simply a typographical error.
3. The applicant provides a Certificate of Birth showing a DOB of
16 November 19XX.
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 t 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. On 1 January 1968, the applicant completed a DA Form 61 (Application for Appointment) and provided a DOB of 16 November 19XX. She was appointed a second lieutenant and entered active duty on 12 August 1968.
3. Her 16 October 1969 application for a security clearance shows a DOB of 16 November 19XX, but the security clearance shows 14 November 19XX. Thereafter, various service record documents, including her DA Form 66 (Officer Qualification Record), show that date.
4. She was honorably separated on 12 August 1968 and transferred to the USAR Control Group (Annual Training). Item 9 (Date of Birth) of her DD Form 214 (Report of Transfer or Discharge) shows her DOB as 14 November 19XX.
DISCUSSION AND CONCLUSIONS:
The birth certificate provided by the applicant shows her DOB is 16 November 19XX. She provided that DOB when she joined the Army. Her DOB was recorded incorrectly during her service resulting in an incorrect DOB entry on her DD Form 214. Therefore, it would be appropriate to correct her record to show her DOB as it is shown on her DA Form 61 and Certificate of Birth.
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 changing her DOB on her DD Form 214 to the DOB as it is shown on her Certificate of Birth.
_______ _ _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) AR20140020499
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140020499
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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