IN THE CASE OF: BOARD DATE: 6 November 2014 DOCKET NUMBER: AR20140005600 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 date of birth (DOB) as . 2. The applicant states due to an oversight on his part when reviewing his DD Form 214, he did not catch that his DOB was not correctly entered. 3. The applicant provides: * DD Form 214 * copy of his State driver's license, Uniformed Services Identification Card, Certificate of Live Birth, and passport 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 13 June 1974, the applicant enlisted in the Regular Army. 3. His DD Forms 4 (Enlistment Contract - Armed Forces of the United States) for both his initial enlistment and subsequent reenlistments and all other documents throughout his record show his DOB as with the exception of a DA Form 873 (Certificate of Clearance and/or Security Determination), which shows his DOB as . 4. On 31 January 1997, he retired for sufficient service for retirement. His DD Form 214 shows his DOB as . 5. He submits a copy of his State driver's license, Uniformed Services Identification Card, Certificate of Live Birth, and passport showing his DOB as 28 October 1955. DISCUSSION AND CONCLUSIONS: 1. He now submits a copy of his State driver's license, Uniformed Services Identification Card, Certificate of Live Birth, and passport showing his DOB as 28 October 1955. A DA Form 873 contained in his records also shows his DOB as 28 October 1955. 2. As such, it would be in the interest of equity to change his DOB on his DD Form 214 to reflect the DOB he requests. 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 to show his DOB as shown on his birth certificate. __________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) AR20140005600 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140005600 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1