IN THE CASE OF:	  

		BOARD DATE:	  3 December 2015

		DOCKET NUMBER:  AR20150005216 


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 birth year on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states his birth year is incorrect on his DD Form 214.

3.  The applicant provides a copy of a California identification 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 enlisted in the Regular Army on 26 July 1972.  Item 21 (Date of Birth (DOB)) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) completed at that time shows his DOB as XX June 1954.  He also completed DD Form 93 (Record of Emergency Data) which shows his DOB as XX .

3.  His record contains a DA Form 428 (Application for Identification Card) dated 19 July 1974 that shows his DOB as XX . 

4.  The applicant was discharged on 1 March 1976.  His DD Form 214 shows his DOB as XX June 1954.

5.  The applicant's California identification card shows his birth year as .

DISCUSSION AND CONCLUSIONS:

Notwithstanding the fact the applicant did not provide a birth certificate for the Board’s review, there appears to be multiple errors in his military record pertaining to his DOB.  A birth year of 1954 is the most frequent birth year utilized in the applicant's records.  However, the years  and 1953 were also utilized on documents in his military records.  Thus it would be appropriate to correct his DD Form 214 to show his DOB as recorded on his DD Form 93 and California identification card.

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 replacing the DOB shown in item 4 of his DD Form 214 with the DOB as shown on his DD Form 93 and California identification card.



      _______ _   ___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)                                         AR20150005216



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150005216



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1