IN THE CASE OF: . BOARD DATE: 19 2013 DOCKET NUMBER: AR20130007815 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 all his military documents to show his date of birth (DOB) as "3 " instead of "1 ." 2. The applicant states his DOB has been officially changed from "1 " to "3 " via U.S. Immigration and Customs Enforcement. He states he was adopted by a U.S. Army noncommissioned officer in 1960. During his military tour in Korea he was able to locate his family records. He states that the Defense Finance and Accounting Service (DFAS) indicated this change must be processed through the Board in order for DFAS to change his DOB in their database. 3. The applicant provides: * Certificate of Naturalization * photocopy of military (retired) identification card and Michigan driver license * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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. On 12 May 1973, the applicant was commissioned as a second lieutenant in the U.S. Army Reserve. On 30 June 1974, he entered active duty where he served until his voluntary retirement in the rank of major on 30 June 1994. 3. A DA Form 873 (Certificate of Clearance and/or Security Determination), dated 26 April 1989, shows his DOB as "3 ." 4. His DD Form 214 shows his DOB as "1 ." 5. His record contains his certified statement, dated 30 1980, wherein he stated that due to immigration proceedings in 1959 his records were altered and the birth date was somehow misrepresented. He stated that all of his military and social security records show his DOB as "1 ." He had been providing what he believed to be his true DOB as "3  ." He had made previous attempts to correct the record but since that required extensive court proceedings, he had decided not to do so and to continue to use "1 " as his DOB. 6. An Officer Record Brief contained in his record shows his DOB as "1  ." 7. He provides a Certificate of Naturalization, dated 8 February 2008, and a Michigan driver license showing his DOB as "3 ." DISCUSSION AND CONCLUSIONS: 1. He provides a copy of his Certificate of Naturalization, dated 8 February 2008, and a Michigan driver license showing his DOB as "3 ." His record contains a DA Form 873 showing his DOB as "3 ." 2. His record contains his certified statement indicating that though he believed his DOB was "3 " he continued to use "1 " as his DOB to avoid extensive court proceedings to have his DOB officially recorded as "3 ." As a result, the applicant's DOB is reflected as "1 " throughout his military record with the exception of the DA Form 873. 3. In view of the foregoing, as a matter of equity, it would be appropriate to change the applicant's DOB on all documents throughout his records to include the DD Form 214 to reflect the DOB shown on his Certificate of Naturalization. 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 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 changing his DOB on all his military documents to include his DD Form 214 to reflect the DOB shown on his Certificate of Naturalization. ____________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) AR20130007815 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130007815 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1