BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001378 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: 10 August 2017 DOCKET NUMBER: AR20160001378 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 entry from item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and replacing it with the DOB shown on his Standard Certificate of Live Birth. _____________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: 10 August 2017 DOCKET NUMBER: AR20160001378 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) by showing his date of birth (DOB) as "XX JUL XX " instead of "XX JUN XX." 2. The applicant states the DOB listed on his DD Form 214 is most likely a clerical error. He is applying for a home loan with the Department of Veterans Affairs (VA), noticed the error, and would like to have it corrected. 3. The applicant provides: * DD Form 214 * Orders 125-142, dated 28 June 1977 * Standard Certificate of Live Birth, dated * Social security 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. A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 20 July 1970 for a period of 6 years. Item 21 (DOB) of the DD Form 4 lists his DOB as "XX JUN XX." 3. Letter Orders Number T-03-1811, issued by Headquarters, Fourth United States Army, Fort Sam Houston, TX on 30 March 1971, show the applicant was ordered to active duty training (ADT) on 23 April 1971. 4. A DA Form 20 (Enlisted Qualification Record), item 6 (DOB) lists the applicant’s DOB as "XX JUL XX." 5. On 20 August 1971, the applicant was honorably released from active duty, upon completion of his ADT. His DD Form 214, item 9 (DOB) list his DOB as "XX JUN XX." 6. The applicant provides Orders 125-142, issued by Headquarters, Fifth United States Army, Fort Sam Houston, TX on 28 June 1977, which discharged him from the USAR on 15 June 1977. 7. The applicant provides a Standard Certificate of Live Birth, which lists his DOB as "July XX, XXXX." 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: 1. The applicant contends that his DOB should be corrected on his DD Form 214 to show the one listed on his birth certificate, since he is applying for a home loan with the VA. 2. The available evidence shows that the applicant’s enlistment contract incorrectly recorded his DOB. His DA Form 20 and his Standard Certificate of Live Birth correctly lists his DOB as "XX July XX." It appears that an administrative error occurred during the preparation of his DD Form 214, in item 9. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001378 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001378 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2