IN THE CASE OF:	  

		BOARD DATE:  13 March 2014

		DOCKET NUMBER:  AR20130012665 


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 item 5 (Date of Birth (DOB)) of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to correctly list his DOB as XX August  vice XX June .

2.  The applicant states his DD Form 214 has the incorrect DOB indicated.

3.  The applicant provides copies of his DD Form 214, birth certificate, and a 
DD Form 215 (Correction to 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 (RA) on 2 October 1979.  His record contains the following:
* a DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 4 September 1979, which lists his DOB as XX August 
* a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 14 July 1981, which lists his DOB as XX August 
* a Standard Form 88 (Report of Medical Examination), dated 3 September 1982, which lists his DOB as XX August 
* a DA Form 2-1 (Personnel Qualification Record – Part I – Record Copy-1), which lists his DOB as XX June 

3.  He was released from active duty on 3 October 1982.  Item 5 of his 
DD Form 214 lists his DOB as XX June .

4.  He provided copies of the following

* a State of Missouri birth certificate, issued on 7 January 2008, which shows an individual with the same name as the applicant was born on XX August 
* a DD Form 215, dated 9 October 2008, which corrected his active duty entry and separation dates and total amount of active service on his 1982 DD Form 214

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 5 would list the Soldier’s DOB.

DISCUSSION AND CONCLUSIONS:

Several documents filed in the applicant's military personnel record list his DOB as XX August , the same DOB as shown on the birth certificate.  It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in an incorrect DOB.  Therefore, his DD Form 214 should be corrected accordingly.

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 item 5 of the applicant's DD Form 214 to show the same DOB as listed on his State of Missouri 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)                                         AR20130012665



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ABCMR Record of Proceedings (cont)                                         AR20130012665

   
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