BOARD DATE: 12 October 2010 DOCKET NUMBER: AR20100011127 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states that his DD Form 214 incorrectly shows his date of birth, his rank, and his pay grade. 3. The applicant provides copies of his DD Form 214 with a separation date of 5 January 1970 and his birth certificate as documentary evidence in support of his application. 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. With prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 12 January 1967 for a 3-year period. He completed his initial entry training and was awarded military occupational specialty 63F (Recovery Specialist). Within the applicant's official military personnel file (OMPF) is a DD Form 4 (Enlistment Record – Armed Forces of the United States) that shows the entry "11 FEB 48" [11 February 1948] in item 15 (Date of Birth). 3. Item 6 (Date of Birth) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his birth date as 11 February 1948. 4. On 5 January 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his statutory military service obligation. He was issued a DD Form 214 that confirms he completed 2 years, 11 months, and 24 days of net active service for this period. In pertinent part, this same DD Form 214 shows the following entries: a. item 5a (Grade, Rate or Rank), "SP4 (P)" [specialist four (permanent)]; b. item 5b (Pay Grade), "E-4"; c. item 6 (Date of Rank), "15 FEB 68" [15 February 1968]; and d. item 9 (Date of Birth), "11 FEB 68" [11 February 1968]. 5. The U.S. Army Reserve Command issued the applicant a DD Form 215 (Correction to DD Form 214) on 7 March 1985 correcting his DD Form 214 with a separation date of 5 January 1970 to show the following: a. item 5a, "SP5" [specialist five]; b. item 5b, "E-5"; and c. item 6, "5 NOV 69//NOTHING FOLLOWS//" [5 November 1969]. 6. The applicant provided a copy of his birth certificate as evidence to support his application. His birth certificate shows the applicant's date of birth as 11 February 1948. There is no official state or county seal imprinted on the verifying officials' signatures. 7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. All available records are used as a basis for preparing the DD Form 214, including the DA Form 201 (Military Personnel Records Jacket); separation orders; DD Form 4; DA Form 3716 (Personnel Financial Record); enlistment records; DD Forms 214 for prior-service personnel; and any other available records. DISCUSSION AND CONCLUSIONS: 1. Based on a preponderance of evidence, it is apparent the applicant's date of birth is 11 February 1948, not 11 February 1968 as currently shown on his DD Form 214. The applicant's initial enlistment document and his enlisted qualification record also show this date as his birth date. While the copy of his record of birth does not contain a raised seal certifying it is a true and correct record of his birth, it is sufficient to show his initial enlisted entry form properly shows his date of birth as 11 February 1948. 2. Therefore, it would appropriate to correct his DD Form 214 with a separation date of 5 January 1970 to show the applicant's date of birth as 11 February 1948. 3. The applicant contends his rank and pay grade are incorrect on his DD Form 214. A review of his OMPF shows that a DD Form 215 has already been issued correcting the rank, pay grade, and date of rank entries on his DD Form 214. With this official correction, there is no further action required by this Board for the combined forms, his DD Form 214 and DD Form 215, show he was separated as a specialist five in pay grade E-5 with a date of rank of 5 November 1969. A copy of this DD Form 215 will be sent to the applicant. 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 entry "11 FEB 68" from item 9 of his DD Form 214 with a separation date of 5 January 1970 and replacing it with "11 FEB 48" [11 February 1948]. ___________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) AR20100011127 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100011127 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1