IN THE CASE OF:	  

		BOARD DATE:	  31 December 2013

		DOCKET NUMBER:  AR20130008231 


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 18   instead of 18  .

2.  The applicant states his correct DOB is 18  .  He contends that 18   is the date when he was adopted.

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

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 enlisted in the U.S. Army Reserve Delayed Entry Program on 13 October 1981 and in the Regular Army on 28 May 1982.

3.  His DD Form 4 (Enlistment/Reenlistment Document) and DD Form 1966 (Record of Military Processing) show his DOB as 18  .

4.  He was discharged on 25 October 1985.  His DD Form 214 shows his DOB as 18  .

5.  He provides a copy of his birth certificate which shows his DOB as 18  .

6.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his DOB as 18   has been carefully considered.

2.  His DD Form 4 and DD Form 1966 show his DOB as 18  .  He provides his Certificate of Live Birth which shows the same DOB as shown on his enlistment documents.  Therefore, it appears that an administrative error during preparation of his DD Form 214 occurred that resulted in an incorrect DOB being recorded.

3.  In view of the foregoing, his DD Form 214 should be corrected to show his DOB as shown on the aforementioned military and civilian documents.

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 from his DD Form 214 the current DOB entry and replacing it with the DOB shown on his DD Form 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)                                         AR20130008231



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ABCMR Record of Proceedings (cont)                                         AR20130008231



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