IN THE CASE OF:	  

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130018033 


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   vice 29 August .

2.  The applicant states he needs his DD Form 214 corrected to reflect his actual year of birth.  He was born in  and not .

3.  The applicant provides his DD Form 214, certificate of birth, a certificate, and a court order.

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 31 July 1967.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his DOB as 29 August .

3.  His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his DOB as 29 August .

4.  His record contains several orders, personnel, legal, and medical documents that all show his DOB as 29 August .  He authenticated many of these documents by placing his signature in the appropriate block.

5.  He was honorably released from active duty on 18 March 1971.

6.  Item 9 (DOB) of the DD Form 214 he was issued shows his DOB as 29 August .

7.  The applicant provides a District of Columbia Certificate of Birth, issued on 26 June 1987, wherein it shows his DOB as 29 August .

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant listed his DOB as 9 August  upon his entrance on active duty.  It is obvious a typographical error occurred during the preparation of his DD Form 214 when his year of birth was inadvertently entered as  vice .  Therefore, his DD Form 214 should be corrected to show his correct DOB.

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 deleting the current entry listed in item 9 of his DD Form 214 and replacing it with the date of birth as it is 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)                                         AR20130018033





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ABCMR Record of Proceedings (cont)                                         AR20130018033



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