IN THE CASE OF: 

		BOARD DATE:	    1  2014

		DOCKET NUMBER:  AR20130013726 


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 28  .

2.  The applicant states the DOB shown is incorrect.

3.  The applicant provides copies of his DD Form 214 and Certificate of Birth. 

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.  On 2 October 1990, the applicant enlisted in the Regular Army.

3.   His DD Forms 4 (Enlistment Contract - Armed Forces of the United States) for both his initial enlistment and his reenlistment show his DOB as 28  .
4.  He was honorably released from active duty on 11 December 1997.  His DD Form 214 shows his DOB as "28  ."

5.  He submits a copy of his birth certificate which shows his DOB as 28  .

DISCUSSION AND CONCLUSIONS:

His birth certificate and DD Forms 4 show his DOB as 28  .  As such, it appears the birth year on the applicant's DD Form 214 was transcribed in error; therefore, he is entitled to have his DOB corrected on his DD Form 214 to that shown on his birth certificate.

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 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 his DD Form 214 to show his DOB as shown on his 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)                                         AR20130013726



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ABCMR Record of Proceedings (cont)                                         AR20130013726



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