IN THE CASE OF:	

		BOARD DATE:	  25 February 2014

		DOCKET NUMBER:  AR20130011529 


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) for the period ending 30 January 1989 to show his date of birth (DOB) as "10  " instead of "10  ."

2.  The applicant states his DD Form 214 for the period ending 30 January 1989 shows his DOB as "10  ," but his birth date is "10  ." 

3.  The applicant provides a copy of his DD Form 214 for the period ending 
30 January 1989.

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 enlistment contract shows he enlisted in the U.S. Army Reserve (USAR) on 7 February 1983.  Item 7 (DOB) of this contract shows his DOB as "10  ."  He was ordered to active duty on 14 February 1983 for training and he was released from active duty on 19 May 1983.  His 
DD Form 214 for the period ending 19 May 1983 shows his DOB as 
"10  ."

3.  He enlisted in the Regular Army (RA) on 5 October 1984.  His enlistment contract shows his DOB as "10  ."  He was discharged on         30 January 1989.

4.  Item 5 (DOB) of his DD Form 214 for the period ending 30 January 1989 shows the entry "" (10  ).

DISCUSSION AND CONCLUSIONS:

The applicant contends he was born on "10  ," and his USAR and RA enlistment contracts and DD Form 214 for the period ending 19 May 1983 support this contention.  Based on the foregoing, it would be appropriate to correct item 5 of his DD Form 214 for the period ending 30 January 1989 to show his DOB as "10  ."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  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 


deleting the entry in item 5 of his DD Form 214 for the period ending 30 January 1989 and replacing it with the entry "620910."



      __________ 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)                                         AR20130011529





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ABCMR Record of Proceedings (cont)                                         AR20130011529



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