IN THE CASE OF: BOARD DATE: 23 September 2014 DOCKET NUMBER: AR20140002862 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as “3 August xxxx.” 2. He states his DOB is incorrectly shown as "8 March xxxx" on his DD Form 214. 3. The applicant provides a copy of his Minnesota Identification Card. 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 DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 29 February 1968 for 3 years. On this document, his DOB is shown as "8 March xxxx." This date is consistently represented as his DOB on most of the documents in his personnel record. 3. However, his record contains a DA Form 873 (Certificate of Clearance and/or Security Determination), prepared on 28 April 1968, which shows his DOB as "3 August xxxx." 4. He was discharged on 25 April 1969. Item 9 (DOB) of his DD Form 214 shows his DOB as "8 March xxxx." 5. He provided a Minnesota Identification Card which shows his DOB as "3 August xxxx." DISCUSSION AND CONCLUSIONS: His enlistment contract shows he used "8 March xxxx" as his DOB at the time of his enlistment, and on most of the documents contained in his personnel records; however, at the time his security clearance was requested, he used "3 August xxxx" as his DOB. In view of the foregoing, his DD Form 214 should be amended to list his DOB as "3 August xxxx." 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 Item 9 of his DD Form 214 by deleting the current entry and adding the DOB as it is listed on his DA Form 873. _______ _ _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) AR20140002862 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002862 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1