IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005459 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 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1998 to show his year of birth (YOB) as 1956 instead of 1959. 2. The applicant states his YOB is erroneously listed on his DD Form 214. 3. The applicant provides copies of his DD Form 214 and Certificate of Live Birth. 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 (RA) on 12 September 1975. Item 7 (Date of Birth) of his DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) lists his YOB as "1956." He completed training and was awarded military occupational specialty 11B (Infantryman). 3. He was honorably discharged on 27 March 1979. Item 4 (Date of Birth) of the DD Form 214 (Report of Separation from Active Duty) he was issued at the time lists his YOB as "1956." 4. The applicant reenlisted in the RA on 28 March 1979. He retired on 30 September 1998. Item 5 (Date of Birth) of the DD Form 214 he was issued at the time of his retirement lists his YOB as "1959." 5. The applicant provides a copy of his Certificate of Live Birth, which lists his YOB as "1956." 6. Army Regulation 635-5 (Separation Documents), then in effect, 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: The applicant's record contains forms showing a YOB consistent with the YOB he requests. The evidence supports correcting his DD Form 214 for the period ending 30 September 1998 to show his YOB as it is listed on his DD Form 4. 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 entry from item 5 of his DD Form 214 for the period ending 30 September 1998 and replacing it with the date of birth as shown on his DD Form 4. _______ _ _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) AR20150005459 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005459 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1