RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2008 DOCKET NUMBER: AR20080000423 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of item 5 (Date of Birth) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as January . 2. The applicant states that item 5 on his DD Form 214 incorrectly reflects his DOB as December . He states that his correct DOB is  January . 3. The applicant provides a copy of his DD Form 214; his birth certificate; and his driver’s license. 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 15 January 1987. His DD Form 4/1 (Enlistment/Reenlistment Document) shows his DOB as December . 3. The applicant submitted a Personnel Action, dated January 1987, requesting that his DD Form 4/1 be corrected to reflect his DOB as January . The appropriate approval authority placed a check in the Block “Has Been Verified.” 4. The applicant was discharged on 15 June 1989 for the purpose of immediate reenlistment. His DD Form 4/1 shows his DOB as January . 5. His DA Form 2A (Personnel Qualification Record - Part I) shows his DOB as  January . 6. The applicant provided a copy of his birth certificate and driver’s license which show his DOB as January . 7. The applicant was honorably discharged on 27 May 1993. His DD Form 214 shows his DOB as December in item 5. DISCUSSION AND CONCLUSIONS: 1. The applicant’s birth certificate and his driver’s license show his DOB as  January . However, his DD Form 214 erroneously reflects his DOB as December . 2. Therefore, it would be appropriate to amend the applicant’s DD Form 214 to show his DOB as January . BOARD VOTE: XX ____ XX______ XX______ 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 amending item 5 on his DD Form 214 to show his DOB as January . _______XX_________ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20080000423 2 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 202-4508