BOARD DATE:	  19 January 2016

		DOCKET NUMBER:  AR20150006372 


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 2 November 2010 to show his date of birth (DOB) as 26 September 1983 instead of 20 September 1983.

2.  The applicant states it was a clerical error.

3.  The applicant provides:

* birth certificate
* 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.

2.  The applicant enlisted in the U.S. Army Reserve on 29 October 2002 for a period of 8 years.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 29 October 2002, shows his DOB as 26 September 1983.

3.  He was ordered to active duty as a member of the U.S. Army Reserve on 23 September 2009 in support of Operation Enduring Freedom.  He served in Afghanistan from 23 December 2009 to 7 September 2010.  He was honorably released from active duty on 2 November 2010.

4.  Item 5 (DOB) of his DD Form 214 for the period ending 2 November 2010 shows his DOB as 20 September 1983.

5.  He provided a copy of his birth certificate showing his DOB as 26 September 1983.

DISCUSSION AND CONCLUSIONS:

The applicant contends he was born on 26 September 1983 and his DD Form 4, dated 29 October 2002, contained in his service records along with his birth certificate supports his contention.  Based on the foregoing evidence, it would be appropriate to correct his DD Form 214 for the period ending 2 November 2010 to show his DOB as 26 September 1983.

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 

deleting the current DOB entry in item 5 of his DD Form 214 for the period ending 2 November 2010 and replacing it with the DOB 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)                                         AR20150006372



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ABCMR Record of Proceedings (cont)                                         AR20150006372



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