IN THE CASE OF:	  

		BOARD DATE:	  30  2015

		DOCKET NUMBER:  AR20140021024 


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 reflect his date of birth (DOB) as 1  XXXX.

2.  The applicant states the DOB on his DD Form 214 is incorrect.

3.  The applicant provides his social security 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.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program on 11 August 1994.  He was discharged from the U.S. Army Reserve on 10 February 1998 for immediate enlistment in the Regular Army.  He enlisted in the Regular Army on 11 February 1998 and reenlisted on two subsequent occasions, 18 April 2001 and 18 September 2002.

3.  His records contain the following documents which list his DOB as 1  XXXX:

* DD Form 4 (Enlistment/Reenlistment Document), dated 11 August 1994
* DD Form 4, dated 11 February 1998
* DD Form 4, dated 18 April 2001

4.  His DD Form 4, dated 18 September 2002, erroneously listed his DOB as 1  XXXX.

5.  On 17 September 2004, he was honorably released from active duty.  Item 5 (DOB) of his DD Form 214 shows his DOB as 1  XXXX.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated 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's contention that his DD Form 214 should be corrected to show his DOB as 1  XXXX was carefully considered and found to have merit.

2.  His records contain multiple documents reflecting his DOB as 1  XXXX.  Therefore, his DD Form 214 should be corrected to show his DOB as recorded on his first three DD Forms 4.

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 deleting the current entry in item 5 of his DD Form 214 and replacing it with the DOB shown on his first three DD Forms 4.



      _____________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)                                         AR20140021024



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ABCMR Record of Proceedings (cont)                                         AR20140021024



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