IN THE CASE OF:	  

		BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120012658 


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) for the period ending on 6 December 2002 to show his date of birth (DOB) as 23   vice 23  .

2.  The applicant states the DOB listed in Item 5 (DOB) of his DD Form 214 for the period ending on 6 December 2002 is incorrect.  

3.  The applicant provides:

* DD Form 214 for the period ending on 20 January 
* DD Form 214 for the period ending on 6 December 2002
* Orders Number D-11-724052, dated 13 November 2007

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.  After having had previous enlisted service, the applicant enlisted in the Regular Army on 20 February .  His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and his certification of birth show his DOB as 23  .

3.  He was honorably released from active duty on 6 December 2002.  Item 5 of his DD Form 214 shows his DOB as 23  .

DISCUSSION AND CONCLUSIONS:

The evidence shows the applicant’s DOB was incorrectly listed on his DD Form 214 for the period ending on 6 December 2002, as such, he is entitled to correction of this form to list his DOB as 23  .

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 from item 5 of DD Form 214 for the period ending on 6 December 2002 the entry “1023” and adding the entry “1023.”



      _______ _   _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)                                         AR20120012658





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ABCMR Record of Proceedings (cont)                                         AR20120012658



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