BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150003164
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 his DD Form 214 (Report of Separation From Active Duty) to show his date of birth (DOB) as XX October XXX6.
2. He states his DOB is incorrectly listed on his DD Form 214.
3. He provides his DD Form 214, Texas Birth Certificate, and social security card.
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. His military records show he enlisted in the Army National Guard of the United States on 19 August 1974 and his DOB is listed as XX October XXX5 on his DD Form 4 (Enlistment Contract-Armed Forces of the United States).
3. He was subsequently ordered to active duty in the U.S. Army Reserve on 30 September 1976. A DA Form 428 (Application for Identification Card), dated 4 October 1976, lists his DOB as XX October XXX6.
4. He was honorably released from active duty on 21 June 1978 and his
DD Form 214 shows in item 4 (DOB) XX December XXX5.
5. He submits a copy of his birth certificate showing his DOB as XX October XXX6.
DISCUSSION AND CONCLUSIONS:
It appears his DOB was incorrectly entered on his DD Form 214. Therefore, his DD Form 214 should be corrected to show his DOB as XX October XXX6 as shown on his DA Form 428.
BOARD VOTE:
__X______ __X______ _X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 correcting his DD Form 214 to show the DOB listed on his DA Form 428.
_______ _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) AR20150003164
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150003164
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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