IN THE CASE OF: BOARD DATE: 29 October 2015 DOCKET NUMBER: AR20150003467 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 and Record of Service), ending on 14 November 1975, to show his date of birth (DOB) as 1 vice 3 19XX. 2. The applicant states his DD Form 214 shows an incorrect DOB. 3. The applicant provides his DD Form 214, certificate of live birth, social security card, U.S. passport, State driver’s license, a receipt, and a Department of Veterans Affairs (VA) card. 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 completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 1 19XX when he enlisted in the U.S. Army Reserve (USAR). 3. The applicant enlisted in the USAR under the Delayed Entry Program (DEP) on 21 January 1975. His DEP DD Form 4 (Enlistment Contract) listed his DOB as 1 19XX. 4. Following his discharge from the DEP, he enlisted in the Regular Army (RA) on 4 February 1975. His RA enlistment contract also listed his DOB as 1  19XX. 5. His records contain a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 21 June 1977 that shows his DOB as 1 19XX. 6. He was honorably discharged on 14 November 1977. Item 4 (DOB) of his DD Form 214 for this period of service shows his DOB as 3 19XX. 7. He reenlisted in the RA on 15 November 1977. Item 7 (DOB) of his reenlistment contract (DD Form 4) shows his DOB as 3 19XX. 8. His records contain multiple documents, as shown below, that listed his DOB as 1 19XX. He authenticated some of these forms with his signature as required. * DA Form 428 (Application for Identification Card) * DD Form 93 (Record of Emergency Data) 9. He was honorably released from active duty on 14 November 1980. Item 5 (DOB) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service shows his DOB as 3 19XX. 10. He provides a U.S. passport, birth certificate, driver license, and VA medical card, listing his name and his DOB as 1 19XX. 11. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION AND CONCLUSIONS: 1. The applicant's records show when he enlisted he stated his DOB was 1  19XX. His DOB is consistently recorded as 1  19XX on most documents in his service record. It appears his DD Form 214 for the period ending 14 November 1977 shows an incorrect (3 ) DOB. 2. The error on his DD Form 214 generated another error in that when he reenlisted in the RA, his enlistment contract listed his DOB as 3 19XX which in turn resulted in his second DD Form 214, for the period ending 14 November 1980, to also show an incorrect DOB. 3. There is sufficient evidence to support his contention and correct both of his DD Forms 214 to show his DOB as 1 19XX. 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 DOB from his DD Forms 214 for the periods ending 14 November 1977 and 14 November 1980 and adding the DOB as it is shown on his DD Form 398 and driver’s license. _______ _ 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) AR20150003467 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003467 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1