IN THE CASE OF:	  

		BOARD DATE:  4 October 2012

		DOCKET NUMBER:  AR20120006925 


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 the date of birth (DOB) on his first DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states he was born on 29  , not 5  .  He is currently going through the hiring process for a State Department job at the United States Embassy in Iraq.  His application and clearance paperwork is on hold until he can get a revised DD Form 214 with the correct DOB.  He states it has to match his birth certificate and passport.

3.  He provides:

* his DD Forms 214 for periods ending 12  1986 and 31 August 1995
* a Hospital Certificate
* a photocopy of two pages from his 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's record contains a Hospital Certificate showing he was born on 29  .  

3.  On 25 January 1979, he enlisted in the Regular Army (RA).  

4.  Item 11 (DOB) of the DD Form 1966 (Application for Enlistment – Armed Forces of the United States) prepared during his enlistment processing shows his DOB as "61  29."  Item 7 (DOB) of the DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) prepared at the time of his enlistment shows his DOB as "5  ."  

5.  On 12  1986, he was honorably discharged.  Item 5 (DOB) of the DD Form 214 issued at that time shows the entry "610505."

6.  On 6 October 1987, he enlisted again in the RA, and he served until his voluntary early retirement on 31 August 1995.  Item 5 of the DD Form 214 issued upon his retirement shows his DOB as "0529."

7.  He provides a page from his passport showing his DOB as "29  ."

DISCUSSION AND CONCLUSIONS:

The evidence of record clearly shows an error in the DOB entered on the applicant's DD Form 214 for the period ending 12  1986.  It would be appropriate to correct this document to show his DOB is 29  .

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 item 5 of his DD Form 214 for the period ending 12  1986 to show his DOB is 29  .



      __________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)                                         AR20120006925





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ABCMR Record of Proceedings (cont)                                         AR20120006925



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