BOARD DATE:	  7 October 2014

		DOCKET NUMBER:  AR20140002540 


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 (Report of Separation from Active Duty) to show his correct date of birth (DOB).

2.  The applicant states his DOB is XX March , not X April .

3.  The applicant provides copies of his marriage certificate, chauffeur's license, and 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.  A DD Form 1966-Series (Application for Enlistment – Armed Forces of the United States), prepared at the time of the applicant's enlistment processing, shows in item 11 (DOB) an entry in which it appears "XX MAR" is blacked out and "X APR 59" is entered.

3.  A DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve on 8 April 1976 and that he then further enlisted in the Regular Army on 12 April 1976.  Item 7 (DOB) shows the entry "X April ."

4.  A DA Form 428 (Application for Identification Card), dated 29 August 1978, shows in item 10 (DOB) the entry "March XX, ."

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 11 April 1979.  It also shows in item 4 (DOB) the entry "59 04 0X" 
(i.e., X April ).

6.  In support of his application, the applicant provides the following documents:

* State of Louisiana, Certificate of Marriage, that shows he married Angela F. O----- on 19 June 1976 and that his DOB is recorded as XX March 
* State of Louisiana, Chauffeur's License, issued on 2 July 2013, that shows his DOB is XX March 

DISCUSSION AND CONCLUSIONS:

A DA Form 428 shows the applicant's DOB is XX March .  Thus, it appears the applicant's DOB was incorrectly recorded on his DD Form 214 due to an administrative error.  Therefore, it would be appropriate at this time to correct his DD Form 214 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 from item 4 of his DD Form 214 the current entry and replacing it with his date of birth that is shown on his Certificate of Marriage.



      _______ _ 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)                                         AR20140002540



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ABCMR Record of Proceedings (cont)                                         AR20140002540



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