IN THE CASE OF:  	  

		BOARD DATE:  8 September 2016	  

		DOCKET NUMBER:  AR20150001409 


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  19XX instead of  19XX.

2.  The applicant states:

* his DOB is incorrect on his DD Form 214
* he has been trying to correct the error since 2006

3.  The applicant provides a copy of his 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.

3.  The applicant was inducted into the Army of the United States on 17 July 1970.

4.  His DD Form 47 (Record of Induction), DD Form 398 (Statement of Personal History), and DA Form 41 (Record of Emergency Data) all show his DOB as  19XX.

5.  On 26 January 1972, he was honorably released from active duty.  His DD Form 214 shows his DOB as  19XX.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant recorded his DOB as  19XX during his induction processing.  It appears that an administrative error occurred when his DOB was entered on his DD Form 214 at the time of his release from active duty.  His DD Form 214 should be corrected to show his DOB as it appears on his DD Form 47.

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 amending his DD Form 214 to show his DOB as shown on his DD Form 47.



      ____________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)                                         AR20150001409



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ABCMR Record of Proceedings (cont)                                         AR20150001409



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