BOARD DATE:  5 February 2015

		DOCKET NUMBER:  AR20140011544


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 as 17 April 1986.

2.  The applicant states human error was the cause of this mistake.

3.  The applicant provides copies of:

* DD Form 214 (Member Copy 4)
* Name page of his United States Passport, issued on 23 July 2009
* Certificate of Naturalization, issued on 3 January 2008

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.  A review of the applicant's Official Military Personnel File (OMPF) shows:

	a.  his DD Form 4/1 (Enlistment Document) showing a date of birth of 
17 April 1986; and

	b.  his DD Form 214 showing a date of birth of 17 April 1985.

3.  The documents provided by the applicant show his date of birth as 17 April 1986.

4.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents.  It required the entry of the Soldier's date of birth in Item 4 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his date of birth as 17 April 1986.

2.  The available evidence of record shows the applicant's date of birth as 
17 April 1986.

3.  In view of the above, the applicant's DD Form 214 should be corrected to show his date of birth as indicated on his DD Form 4/1.

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 showing on his DD Form 214 for the period ending 28 June 2009 his date of birth as indicated on his DD Form 4/1.




      _________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)                                         AR20140005991



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140011544



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1