IN THE CASE OF: BOARD DATE: 10 July 01 DOCKET NUMBER: AR01000197 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). . Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 14 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as  November instead of March . . The applicant states the DOB is incorrectly listed on his DD Form 14. 3. The applicant provides his DD Form 14 and birth certificate. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 155(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. . In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as November . 3. He was inducted into the AUS on 17 April 197. His DD Form 47 (Record of Induction) listed his DOB as March . 4. His DA Form 0 (Enlisted Qualification Record) which was created upon his induction shows his DOB as March . He reviewed this form at a later date and placed his signature in the appropriate block. 5. His official records contain a DA Form 307 (U.S. Army Request for National Agency Check) that listed his DOB as March and a DA Form 41 (Record of Emergency Data) that lists his DOB as March 1945. He authenticated the DA Form 41 by placing his signature where necessary. . He was honorably released from active duty on 17 April 197. Item (DOB) of his DD Form 14 lists his DOB as March . He authenticated this form by placing his signature in the appropriate block. 7. He submitted a certificate of birth, dated/reproduced on 19 January 1994, which lists his DOB as November . 8. Army Regulation 35-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states that the DD Form 14 is a synopsis of the Soldier's most recent period of continuous active duty. DISCUSSION AND CONCLUSIONS: The applicant used the DOB of November upon his induction into the AUS. However, his Record of Induction and several other subsequent military documents erroneously listed his DOB as March or March 1945. The problem was compounded when his DD Form 14 also listed an incorrect DOB of March . Therefore, he is entitled to correction of his DD Form 14 to show his correct DOB of November . 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 amending his DD Form 14 by deleting from item the entry " Mar 4" and adding the entry " Nov 4." _______ _ __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) AR01000197 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR01000197 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1