BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160000683 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 BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160000683 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 showing his date of birth on his DD Form 214 as shown on his DD Form 398-2. ______________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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160000683 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) to show his date of birth (DOB) as 19 JXXX 19XX instead of 10 JXXX 19XX. 2. The applicant states: a.  He did not catch the error of his DOB at the time of his discharge. It is an obvious typographical error in which a 0 was typed instead of a 9. b.  His driver's license, passport, and birth certificate all show his DOB as 19 JXXX 19XX. 3. The applicant provides: * DD Form 398-2 (Department of Defense Personnel Security Questionnaire) * DD Form 4 (Enlistment/Reenlistment Document), page 1 * DA Form 2A (Personnel Qualification Record – Part I) * Florida driver's license * 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. Prior to his enlistment, he completed a DD Form 398-2, dated 3 February 1988, which shows in item 5 (DOB), 19 JXXX 19XX. 3. On 8 August 1988, he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program. His DD Form 4, dated 8 August 1988, shows his DOB as 10 JXXX 19XX. 4. On 22 November 1991, he was honorably released from actively duty and transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows he completed 2 years, 11 months, and 28 days of creditable active military service. His DD Form 214 shows his DOB as 10 JXXX 19XX. 5. He provided: a.  a copy of his DA Form 2A, dated 6 November 1991, which shows his DOB as 10 JXXX 19XX, b.  a copy of his Florida driver's license which shows his DOB as 19 JXXX 19XX, and c.  a copy of his birth certificate which shows his DOB as 19 JXXX 19XX. 6. A review of his records shows his DOB was consistently listed as 10 JXXX 19XX. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: The evidence of record shows the applicant recorded his DOB as 19 JXXX 19XX on his DD Form 398-2 prior to his entry in the USAR Delayed Enlistment Program. It appears that an administrative error occurred when his DOB was entered on his DD Form 4 and this error was carried throughout his enlistment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000683 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000683 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2