IN THE CASE OF:
BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20150000023
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 that her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the date of birth (DOB) that is reflected on her birth certificate.
2. The applicant states, in effect, that her DD Form 214 incorrectly shows a year of birth of "1950" and should reflect a year of birth of "1951."
3. The applicant provides copies of her birth certificate, parental consent, entrance physical and enlistment contracts.
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 Regular Army (Womens Army Corps) with parental consent on 25 January 1971 for a period of 3 years. At the time of her enlistment her birth year was listed as 1951.
3. She completed her training and remained on active duty through a series of continuous reenlistments. She was promoted to the pay grade of E-7 on 1 May 1985 and on 30 April 1991 she was retired by reason of length of service. She had served 20 years, 3 months and 6 days of active service and her DD Form 214 issued at the time of her retirement shows in item 5 of her DD Form 214 her year of birth as "1950."
4. The applicant now provides a copy of her birth certificate showing her DOB as 14 July 1951.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant enlisted her year of birth was recorded as being "1951" and there are numerous documents that reflect such. However, at the time of the applicants retirement her DD Form 214 was incorrectly prepared to reflect a year of birth of "1950."
2. Accordingly, her DD Form 214 should be corrected to show in item 5 that her year of birth is 1951.
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 her year of birth as "1951."
_______ _ 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) AR20150000023
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150000023
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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