IN THE CASE OF:	

		BOARD DATE:	    9 January 2014

		DOCKET NUMBER:  AR20130007818 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as  October 19XX instead of  August 19XX.

2.  The applicant states, in effect, his DD Form 214 lists an incorrect DOB which affects his benefits. 

3.  The applicant provides his birth certificate and DD Form 214.

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 records show he enlisted in the Regular Army (RA) on 8 February 1978.  Item 7 (DOB) of his DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) listed his DOB as  October 19XX.  He authenticated this form and allied documents with his signature.

3.  He initiated or completed various forms during his period of military service, including the documents below.  In each case, he indicated his DOB was  October 19XX:

* Personnel Qualification Record
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* Various medical or dental records
* DA Form 348 (Equipment Operator's Qualification Record)

4.  He was honorably released from active duty on 7 February 1981.  Item 5 (DOB) on his DD Form 214 shows his DOB as  August 19XX.  

5.  He submitted a Certificate of Vital Record that listed a name the same as his with a DOB as  October 19XX. 

.  Army Regulation 35-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.

DISCUSSION AND CONCLUSIONS:

1.  Upon enlisting in the RA on 8 February 1978, the applicant listed his DOB as  October 19XX.  The DOB he listed at that time is consistent with the DOB shown on several documents throughout his active duty service from February 1978 through February 1981.  He authenticated several documents by placing his signature in the appropriate blocks indicating the date on each form was correct.

2.  It appears when his DD Form 214 was processed it inadvertently listed his DOB as  August vice  October 19XX.  Therefore, he is entitled to correction of his DD Form 214 to show his DOB as  October 19XX.






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 214 by deleting from item 5 the current entry and adding his DOB as it is shown on his birth certificate.



      _______ _   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)                                         AR20130007818





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ABCMR Record of Proceedings (cont)                                         AR20130007818



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