BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160002752 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: 14 September 2017 DOCKET NUMBER: AR20160002752 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 amending his DD Form 214 with an effective date of 21 June 1978 by deleting the entry in item 4 (Date of Birth) and adding the date of birth listed on his DA Form 2496 (Disposition Form). ______________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: 14 September 2017 DOCKET NUMBER: AR20160002752 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 item 4 (Date of Birth (DOB)) on his DD Form 214 (Report of Separation from Active Duty) for the period ending 21 June 1978 to show 29 xxxx, instead of 5 xxxx. 2. The applicant states he needs his discharge papers corrected to apply for citizenship. 3. The applicant provides his: * social security card * Florida Driver License * Permanent Resident 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. On 27 June 1975, the applicant enlisted in the Regular Army for 3 years. Item 21 (DOB) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his DOB as "5 xxxx." Item 56 (Remarks) shows his DOB was verified by an I151 Card (Alien Registration Receipt Card). 3. A DA Form 2496 (Disposition Form), dated 8 June 1975, shows a request was approved on 11 July 1975 to correct the applicant's records to change his DOB from 5 xxxx to 29 xxxx. 4. The applicant's DA Form 2-1 (Personnel Qualification Record - Part I) shows a pen and ink change was made to item 52 (DOB) by lining through 5 xxxx and adding 29 xxxx. 5. On 21 June 1978, the applicant was released from active duty. Item 4 of his DD Form 214 shows his DOB as 5 xxxx. 6. A DA Form 428 (Application for Identification (ID) Card), dated 13 July 1980, submitted to replace a Reserve ID card shows his DOB as 29 xxxx. 7. The applicant's Florida Driver License and Permanent Resident Card show his DOB 29 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 directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION: A DA Form 2496 shows while the applicant was still on active duty he submitted a request to correct the DOB on his military records to 29 xxxx. The request was approved on 11 July 1975. His DD Form 214 for the period ending 21 June 1978 does not reflect the corrected DOB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002752 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002752 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2