BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20150000816
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 his two DD Form 214s (Certificate of Release or Discharge from Active Duty) be corrected to show his correct year of birth (YOB).
2. The applicant states that his two DD Form 214s have an incorrect YOB as he was born in 1968 and they show 1969.
3. The applicant provides copies of his DD Form 214s, birth certificate and passport.
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 United States Army Reserve (USAR) on 27 October 1989 under the delayed entry program. He enlisted in the Regular Army on 7 November 1989 for a period of 4 years and 15 weeks. His YOB was recorded in his records as 1968, the same as is reflected on his birth certificate.
3. He completed his training and served until he was honorably released from active duty (REFRAD) on 19 February 1994 and was transferred to the USAR. His DD Form 214 issued at the time of his REFRAD reflects a YOB of 1969.
4. He remained in the USAR and was ordered to active duty on 14 January 2005 in support of Operation Iraqi Freedom. He served on active duty until he was honorably REFRAD on 14 March 2006. His DD Form 214 issued at the time of his REFRAD reflects a YOB of 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214s should be corrected to show a correct YOB of 1968 has been noted and found to have merit.
2. The applicant enlisted with a YOB of 1968 and served under that YOB until he was REFRAD and at the time of his REFRAD, his DD Form 214 was incorrectly prepared to show a YOB of 1969 instead of 1968. This mistake was repeated when he was ordered to active duty from the USAR.
3. Accordingly, his DD Form 214s should be corrected to show his correct YOB as 1968.
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 on his DD Form 214s dated 19 February 1994 and 14 March 2006 that his correct YOB in item 5 is 1968 instead of 1969.
_______ _ 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) AR20150000816
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ABCMR Record of Proceedings (cont) AR20150000816
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