IN THE CASE OF: BOARD DATE: 6 November 2014 DOCKET NUMBER: AR20140002883 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 instead of . 2. The applicant states the DOB shown on his DD Form 214 is incorrect. 3. The applicant provides: * a letter from the Winnebago County Department of Veterans Services, dated 5 February 2014 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 15 June 1971 * Certificate of Live Birth * Driver License 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 Army on 16 June 1969. a. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his DOB as . b. His Federal Bureau of Investigation (FBI) Fingerprint Card shows his DOB as . c. His DD Form 398 (Statement of Personal History) and his U.S. Army Request for National Agency Check show his DOB as . 3. All documentation in his Official Military Personnel File contains a DOB that fluctuates between and . 4. On 15 June 1971, he was honorably released from active duty at the expiration of his term of service. He completed 2 years of total active service. His DD Form 214 shows his DOB as . 5. He provides a copy of his Certificate of Live Birth, signed on 4 September 1949, which shows his DOB as . 6. Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted and his supporting evidence has been considered. 2. Although the documents contained in his OMPF show both DOBs, he provides a copy of his Certificate of Live Birth, signed on 4 September 1949, which shows as his DOB. 3. The DOB listed on his Certificate of Live Birth is the same DOB listed on his Statement of Personal History. Therefore, his DD Form 214 should be amended to show as his 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 amending his DD Form 214 to show his DOB as as it is listed on his DD Form 398 and his Certificate of Live Birth. ___________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) AR20140002883 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002883 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1