IN THE CASE OF:	   

		BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130016554 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 21  instead of 11 .

2.  The applicant states his DOB is listed incorrectly on his DD Form 214 as a result of what appears to be a typographical error.

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record).

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 November 1969.  Item 21 (DOB) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his DOB as 11 .

3.  His DA Form 20 which was created upon his entry on active duty shows his DOB as 21 .

4.  He completed a DD Form 398 (Statement of Personal History) on 15 August 1970 and listed his DOB as 11 .

5.  His records contain various documents listing his DOB as 21 , including his Armed Forces Fingerprint Card, DA Form 41 (Record of Emergency Data), and National Agency Check Request.

6.  He was honorably released from active duty on 5 August 1971.  Item 9 (DOB) of his DD Form 214 shows his DOB as 11 , the same DOB as shown on his DD Form 398.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

The applicant recorded his DOB as 21  upon his enlistment.  However, it appears his DD Form 4 incorrectly listed his DOB as 11 .  The requested DOB is consistent with the DOB shown on several official documents throughout his military service.  Therefore, it would be appropriate to correct his DD Form 214 to show his DOB as 21 .

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 DOB from item 9 of his DD Form 214 and replacing it with the DOB shown on his DD Form 398.



      _______ _   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)                                         AR20130016554



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ABCMR Record of Proceedings (cont)                                         AR20130016554



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