IN THE CASE OF:  

		BOARD DATE:  27 October 2016

		DOCKET NUMBER:  AR20150014476


BOARD VOTE:

___x_____  ___x___  ___x____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration


		IN THE CASE OF:  

		BOARD DATE:  27 October 2016

		DOCKET NUMBER:  AR20150014476


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 day of birth entry from item 9 (Date of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and replacing it with the day of birth shown on his DA Form 873 (Certificate of Clearance and/or Security Determination under EO 10450).



                                    ___________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.


		IN THE CASE OF:  

		BOARD DATE:  27 October 2016

		DOCKET NUMBER:  AR20150014476


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 day of birth as the 20th instead of the 10th.

2.  The applicant states the date of birth on his DD Form 214 is incorrect due to a clerical error.  

3.  The applicant provides a copy of his Certificate of 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 on 30 August 1968.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States lists his day of birth as "10."

3.  His DA Form 873 (Certificate of Clearance and/or Security Determination under EO 10450), dated 28 February 1969, shows his day of birth as the 20th.

4.  His DD Form 214 shows he was honorably released from active duty on         2 April 1970, and lists his day of birth as the 10th.

5.  The applicant provides a copy of his Certificate of Birth, which lists his day of birth as the 20th.

REFERENCES:

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:

The available evidence shows the applicant's day of birth was incorrectly recorded on his enlistment contract.  His DA Form 873, further corroborated by the applicant's Certificate of Birth, correctly shows his day of birth as the 20th.  It appears that an administrative error occurred during the preparation of his       DD Form 214, which resulted in the incorrect entry of his day of birth.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20150014476



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150014476



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2