IN THE CASE OF:
BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20150000109
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 28 April XXXX instead of 27 April XXXX.
2. The applicant states a clerical error occurred when his DD Form 214 was issued.
3. The applicant provides a copy of his State of North Dakota Certificate of Live Birth.
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 on 28 May 1976. He was honorably released from active duty and transferred to the U.S. Army Reserve on 27 May 1979. His DD Form 214 shows his DOB as 27 April XXXX.
3. A review of his record includes a DA Form 873 (Certificate of Clearance and/or Security Determination) that shows his DOB as 28 April XXXX.
4. He provides a copy of his birth certificate which shows his DOB as shown on the DA Form 873.
5. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his DOB as 28 April XXXX instead of 27 April XXXX was carefully considered.
2. A DA Form 873 shows his DOB as 28 April XXXX, as shown on his birth certificate. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his DOB being incorrectly listed.
3. In view of the foregoing, his DD Form 214 should be corrected by deleting from item 4 of his DD Form 214 the current entry and replacing it with the DOB entry as shown on his DA Form 873.
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 from item 4 of his DD Form 214 the current entry and replacing it with the DOB entry as shown on his DA Form 873.
__________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) AR20140016953
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150000109
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