IN THE CASE OF: BOARD DATE: 18 April 2012 DOCKET NUMBER: AR20110021188 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 the date of birth (DOB) listed in item 5 (Date of Birth) of his December DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. 2. The applicant states the DOB listed on the December DD Form 214 is in error. 3. The applicant provides a VA Form 21-4138 (Statement in Support of Claim), birth certificate, driver’s license, and DD Forms 214, dated 15 June 1987 and December in support of his application. 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 record shows the applicant enlisted in the Army National Guard (ARNG) on 1 August 1986. The DD Form 4 (Enlistment/Reenlistment Document) and allied documents prepared during the enlistment process all list his DOB as September . A birth certificate used to verify his DOB during his enlistment processing also confirms this DOB. 3. The record contains a DA Form 2 (Personnel Qualification Record) prepared on 7 March 2001 which lists his DOB as September in Section F (Individual Data), item 1 (DOB). 4. On 31 July 2001, the applicant was honorably discharged from the ARNG, in the rank of staff sergeant/E-6, after completing a total of 11 years and 8 months of military service. The NGB Form 22 (Report of Separation and Record of Service) issued to him at that time lists his DOB as September in item 7 (DOB). 5. The applicant provides DD Forms 214, dated 15 June 1987 and December . The 1987 DD Form 214 lists his DOB as September in item 5. The DD Form 214 which documents his active duty service in Southwest Asia in support of Operation Desert Shield/Desert Storm lists his DOB as July . 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time identified the Personnel Qualification Record (DA Form 2 and DA Form 2-1) as the primary record source for entries on the DD Form 214. DISCUSSION AND CONCLUSIONS: The applicant’s request to correct the DOB on the December DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms the applicant entered military service, served, and was separated under the DOB September , as evidenced by the DD Form 4 and allied documents prepared during his initial enlistment processing in 1986 and the last DA Form 2 on file prepared in 2001. As a result, it is clear the DOB listed in item 5 of the DD Form 214 was an administrative error that should be corrected at this time. Therefore, it would be appropriate to amend item 5 of the applicant’s DD Form 214 to show his DOB as September . 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 amending his DD Form 214 by deleting the current entry in item 5 and replacing it with the entry “09.” _________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) AR20110021188 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021188 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1