IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140020830
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 date of birth (DOB) as 2 July XXXX vice 2 June XXXX.
2. The applicant states her DOB is wrong on her DD Form 214. She did not realize this until she started the process of filing for disability with the Department of Veterans Affairs (VA). She needs her DD Form 214 corrected for disability concerns as well as for burial reasons.
3. The applicant provides her DD Form 214, certificate of birth, social security card, and a letter from the VA, dated 21 November 2014.
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) on 26 August 1976. Her DD Form 4 (Enlistment or Reenlistment Record - Armed Forces of the United States), dated 26 August 1976, shows her DOB as 2 June XXXX.
3. Page 4 of her DD Form 4 shows she was discharged from the USAR on 8 February 1977 and enlisted in the Regular Army (RA) on 9 February 1977. This page shows her DOB as 2 June XXXX.
4. Her record contains a:
* DA Form 428 (Application for Identification Card), dated 11 February 1977, wherein it shows her DOB as 2 July XXXX
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 19 April 1978, wherein it shows her DOB as 2 July XXXX
5. She was honorably discharged from active duty on 8 February 1980. Item 5 (DOB) of the DD Form 214 she was issued shows her DOB as 2 June XXXX.
6. The applicant provides a State of Delaware Certification of Birth, issued 20 August 2010, wherein it shows her DOB as 2 July XXXX.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's DOB was listed as 2 June XXXX on her DD Form 4 when she enlisted in the USAR and RA. However, the DOB she used throughout her active military service was 2 July XXXX. It is reasonable to presume a typographical error occurred when her DD Form 4 was produced and her month of birth was erroneous entered as June vice July. It appears the error was compounded when her DD Form 214 was prepared listing her DOB as 2 June XXXX. Therefore, it would be appropriate at this time to correct her DD Form 214 accordingly.
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 amending her DD Form 214 by deleting the entry in item 5 and replacing it with the entry 2 July XXXX.
__________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) AR20140020830
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