IN THE CASE OF: 

		BOARD DATE:	    26 August 2014

		DOCKET NUMBER:  AR20140000779 


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 the date of birth (DOB) recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states his DD Form 214 shows his DOB as , but his actual DOB is .  

3.  He provides photocopies of his passport and his Certificate of Live Birth.

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.  On 19 June 1998, the applicant enlisted in the U.S. Army Reserve in the Delayed Entry/Enlistment Program (DEP).  The DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States) completed at that time show his DOB as .  

3.  On 10 June 1999, he was discharged from the DEP and enlisted in the Regular Army.  

4.  On 12 July 2001, he reenlisted.  The DD Form 4 completed at that time shows his DOB as .

5.  On 16 July 2003 and on 27 January 2005, he executed two more reenlistments.  The DD Forms 4 completed on those dates show his DOB as 14 June 1979.  

6.  On 22 May 2006, he was discharged.  Block 5 (DOB) of his DD Form 214 shows the DOB .  

7.  He provides photocopies of his passport and Certificate of Live Birth showing his DOB is .

DISCUSSION AND CONCLUSIONS:

The evidence of record shows his DOB was recorded incorrectly when he reenlisted in 2003 and 2005, and this error was carried forward onto his DD Form 214.  Accordingly, it would be appropriate to correct his DD Form 214 to show his DOB as 6 January 1981.

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 current entry from block 5 of his DD Form 214 and replacing it with the DOB shown on his Certificate of Live Birth.




      _______ _   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)                                         AR20140000779





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ABCMR Record of Proceedings (cont)                                         AR20140000779



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