IN THE CASE OF: BOARD DATE: 30 May 2013 DOCKET NUMBER: AR20120020030 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 year of birth as vice and the issuance of an Honorable Discharge Certificate. 2. The applicant states his DOB reads 26 June on his DD Form 214 when it should be 26 June , and he was not issued an Honorable Discharge Certificate. 3. The applicant provides his DD Form 214 and birth certificate. 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 3 January 1985. Item 6 (DOB) of his DD Form 4 (Enlistment/Reenlistment Contract – Armed Forces of the United States) listed his DOB as 26 June . He authenticated this form by placing his signature in the appropriate places. 3. His DA Form 2A (Personnel Qualification Record – Part I) which was created upon his entry on active duty listed his DOB as 26 June . 4. He completed a DA Form 428 (Application for Identification Card) on 17 December 1987 and indicated his DOB was 26 June . However, he crossed out "" and handwrote "," then placed his initials in this block. 5. He was honorably released from active duty on 18 December 1987 and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation. 6. Item 5 (DOB) of his DD Form 214 shows his DOB as 26 June . 7. He was honorably discharged from the USAR in the rank/grade of private first class/E-3 on 5 January 1993 after completing his military service obligation. 8. He provides a birth certificate, dated 20 July 2012, that shows his DOB as 26 June . 9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant listed his DOB as 26 June upon his enlistment in the Regular Army. His enlistment contract and at least two other documents list this DOB. However, his DD Form 214 inadvertently listed his year of birth as . He is entitled to correction of his DD Form 214 to show DOB as shown on his enlistment contract. 2. He was honorably discharged from the USAR on 5 January 1993 after completing his military service obligation. Therefore, he is entitled to the issuance of an Honorable Discharge Certificate. 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 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 to show his DOB as 26 June * issuing him an Honorable Discharge Certificate effective 5 January 1993 ___________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) AR20120020030 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120020030 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1