BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140003699


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 date of birth (DOB) as  July  instead of  August .

2.  He states his correct birth date is  July  and his enlistment papers state the same.  However, upon his separation, a typographical error was made.

3.  He provides no additional documents.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 52(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 12 May 1976, the applicant underwent a physical examination for enlistment in the Regular Army (RA) which shows his DOB as  July .

3.  The applicant's DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) under the delayed entry program on 19 May 1976 and he enlisted in the RA on 27 May 1976.  His enlistment documents show his DOB as  July .

4.  His service record contains the following documents which show his DOB as  July :

* Certificate of Birth
* DD Form 84 (National Agency Check Request)
* DD Form 93 (Record of Emergency Data)

5.  He was released from active duty on 25 May 1979.  The DD Form 214 he was issued shows a different DOB as listed on his birth certificate.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record includes documents which show his DOB as  July .  However, his DD Form 214 shows a different DOB.

2.  It appears that an administrative error occurred when his DOB was recorded on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show his DOB as it is recorded 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 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 it is recorded 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)                                         AR201200732



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ABCMR Record of Proceedings (cont)                                         AR20140003699



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