BOARD DATE: 29 October 2015
DOCKET NUMBER: AR20150003986
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 reflect her date of birth (DOB) as XX January 1969.
2. The applicant states the DOB shown on her DD Form 214 as XX January 1972 is incorrect and although she requested correction in 2010, it was not corrected.
3. The applicant provides:
* DD Form 214
* U.S. 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 Army National Guard (ARNG) on 16 July 1998. Her DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows her DOB as XX January 1969.
3. After discharge from the ARNG, she enlisted in the Regular Army on 10 February 2000. Her DD Form 4 for this enlistment shows her DOB as XX January 1969. Her subsequent reenlistments in the Regular Army on 20 February 2003 and 30 May 2005 show her DOB was listed as XX January 1969 on her DD Forms 4.
4. On 27 December 2008, she again reenlisted in the Regular Army. On this occasion, her DD Form 4 listed her DOB as XX January 1972.
5. On 17 July 2012, she was honorably discharged due to combat-related disability. Her DD Form 214 shows her DOB as XX January 1972.
6. The applicant provided a copy of her U.S. Passport wherein her DOB is listed as XX January 1969.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214. The instructions stated to use the individual's Enlisted Record Brief or any other document authorized for filing in the individual's Official Military Personnel File.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of her DD Form 214 to show her DOB as XX January 1969 was carefully considered.
2. Upon her initial enlistment in the ARNG, Regular Army, and two subsequent reenlistments in the Regular Army, her DOB was recorded as XX January 1969. It appears that an administrative error occurred in entering her DOB as XX January 1972 in her Regular Army reenlistment document in 2008, in turn resulting in the erroneous entry on her DD Form 214.
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 is 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 the current entry in item 5 (Date of Birth) of her DD Form 214 and replacing it with the DOB shown on her U.S. Passport.
____________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.
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