IN THE CASE OF:	  

		BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110020234 


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  January  instead of  August .

2.  He states a mistake was made by the processing officer. 

3.  He provides his DD Form 214, his birth certificate, and his Maryland 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.  His military records show he enlisted in the Regular Army on 27 August 18.  

3.  His enlistment documents maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain his birth certificate, his Maryland driver's license, his DD Form 166/1 (Record of Military Processing - Armed Forces of the United States), and a Standard Form 88 (Report of Medical Examination) showing his DOB as  January .

4.  His DD Form 4 (Enlistment or Reenlistment Document) contained in iPERMS and the DD Form 214 he was issued at the time of his release from active duty on 26 August 2002 show his DOB as  August .

DISCUSSION AND CONCLUSIONS:

His DD Form 4 and DD Form 214 show his DOB as  August .  However, his enlistment documents in his records contain his DD Form 166/1, Standard Form 88, a copy of his birth certificate, and state driver's license showing his DOB as  January .  As such, it appears the birth month on his DD Form 4 and DD Form 214 was transcribed in error; therefore, it would be appropriate to correct his DD Form 214 to show his DOB as  January .

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 amending item 5 (Date of Birth) on his DD Form 214 to show the DOB shown 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.
ABCMR Record of Proceedings (cont)                                         AR20110020234



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ABCMR Record of Proceedings (cont)                                         AR20110020234



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