IN THE CASE OF:	  

		BOARD DATE:	  13  2012

		DOCKET NUMBER:  AR20110018005 


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 his date of birth (DOB) be changed from 31  to 30   on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states his DOB is incorrect on his DD Form 214.  It should be 30  , not 31  .  His birth certificate shows his correct DOB.  

3.  He provides his DD Form 214, birth certificate, and driver’s license.

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 2 November 1978.

3.  Documents in his military personnel record show his DOB both as 30  and 31  .

4.  On 1 November 1981, he was released from active duty and transferred to the U.S. Army Reserve (Reinforcement) on the following day.  

5.  Item 5 (DOB) of his DD Form 214 shows his DOB as 31  .

6.  He provided a copy of his birth certificate and driver’s license which both show his DOB as 30  .  The first name on his birth certificate matches the other name of record listed in item 18 (Remarks) of his DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DOB is incorrect on his DD Form 214 is acknowledged and supported by the evidence of record.  

2.  Although his service record includes documents which show his DOB both as 31  and 30  , his birth certificate shows his DOB as 30  .  However, his DD Form 214 shows his DOB as 31  .  

3.  It appears that administrative error occurred when his DOB was recorded on his DD Form 214.  

4.  Therefore, it would be appropriate to correct his DOB on his DD Form 214 to show his correct DOB as 30  .

BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 entry “580331” from item 5 of his DD Form 214 and adding the entry 
“580330.”




      _______ _   __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.



ABCMR Record of Proceedings (cont)                                         AR20110018005





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ABCMR Record of Proceedings (cont)                                         AR20110018005



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