IN THE CASE OF:	  

		BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130013605 


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 the date of birth (DOB) entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states his DOB should read " 6,  ()."  He called 
"e-benefits" because he was unable to register from home and they advised him to apply to this Board to correct the discrepancy.

3.  He provides his 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 24  1984.  On 23  1986, he was honorably released from active duty.  Item 5 (DOB) of his DD Form 214 shows his DOB as "" entered in the year, month, and day format.

3.  Army Regulation 635-5 (Separation 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.  For item 5, the version in effect at the time stated to enter the date using a six-digit number written in year, month, and day sequence without spaces or slashes, e.g., 420106 for 6 January 1942.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his DOB is 6  .  This date is entered in item 5 of his DD Form 214 in the format prescribed by regulation.  There is no basis for changing a correct entry.

2.  If another agency is claiming the DOB on his DD Form 214 is incorrect, he  use this Record of Proceedings to explain the format of the DOB shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20130013605



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ABCMR Record of Proceedings (cont)                                         AR20130013605



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