BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002476 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: 22 August 2017 DOCKET NUMBER: AR20160002476 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends correction of all Department of the Army records of the individual concerned by amending his DD Form 214 to show the date of birth recorded on his birth certificate. ____________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: 22 August 2017 DOCKET NUMBER: AR20160002476 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 XXXX. 2. The applicant states the DOB listed on his DD Form 214 is incorrect. 3. The applicant provides: * Pennsylvania Commercial 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. The applicant's record contains a DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) prepared during his enlistment processing. Item 6 (DOB (YYMMDD)) contains the entry “XX .” 3. On 26 July 1984, he enlisted in the Pennsylvania Army National Guard (PAARNG). The DD Form 1966/1 (Accession Record) and DA Form 2-1 (Personnel Qualification Record) prepared upon the applicant’s entrance in the PAARNG lists his DOB as XXXX. 4. The applicant’s official military personnel file (OMPF) contains documents that list both the DOB he claims is correct and the DOB he claims is incorrect. 5. On 26 November 1984, the applicant entered active duty for training (ADT) and served until his honorable release from ADT on 8 March 1985. Item 5 (DOB) of the DD Form 214 issued him at that time shows he was born on XXXX. 6. The applicant provided a copy of his birth certificate and Pennsylvania Commercial Driver’s License that list his DOB as XXXX. REFERENCES: Army Regulation 635-5 (Separation Documents) in effect at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the active Army. Paragraph 2-4 contained item-by-item instructions for completion of the DD Form 214. It stated item 6 would contain the DOB taken from the Soldier's personnel record. DISCUSSION: The evidence of record indicates an error occurred when the applicant’s DOB was recorded as 12 March XXXX during his enlistment processing. His DOB was recorded as XXXX, as shown on his DD Form 4 and DD Form 1966/1. The DOB shown on his birth certificate is XXXX. The error made during his enlistment processing was carried forward onto his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002476 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002476 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2