IN THE CASE OF:	  

		BOARD DATE:  13 March 2014

		DOCKET NUMBER:  AR20130012660 


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 (Report of Separation from Active Duty) to show his date of birth (DOB) as 22  instead of 19 .

2.  The applicant states:

* his DOB should be corrected to 22 
* it was never corrected during his active duty service
* he never thought he would ever use his DD Form 214, but he realizes the importance of keeping it accurate and safeguarding it

3.  The applicant provides:

* Hawaii driver's license
* 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 enlisted in the Regular Army on 22 March 1974 and served as a light weapons infantryman.

3.  His DA Form 41 (Record of Emergency Data), dated 7 February 1975, shows his DOB as 22 .

4.  He was honorably released from active duty on 7 May 1976.

5.  Item 4 (DOB) of his DD Form 214 shows his DOB as "56  07  19 [19 ]."

6.  He provided a copy of his Hawaii driver's license which shows his DOB as 22 .

DISCUSSION AND CONCLUSIONS:

The applicant contends he was born on 22  and his DA Form 41 supports this contention.  Based on the foregoing, it would be appropriate to correct item 4 of his DD Form 214 to show his DOB as 22 .

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 the current entry from item 4 of his DD Form 214 and replacing it with the entry "56  07  22."



      _______ _  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)                                         AR20130012660



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ABCMR Record of Proceedings (cont)                                         AR20130012660



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