IN THE CASE OF: BOARD DATE: 10 September 2015 DOCKET NUMBER: AR20150002013 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 reflect his date of birth (DOB) as 9  19XX. 2. The applicant states the DOB on his DD Form 214 was mistyped. 3. The applicant provides his Indiana commercial driver's license and a State of Ohio Department of Health Division of Vital Statistics affidavit. 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 Regular Army on 23 September 1971. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) listed his DOB as 3  19XX. 3. His records contain the following documents which list his DOB as 9  19XX: * DA Form 20 (Enlisted Qualification Record) * Standard Form 88 (Report of Medical Examination) 4. On 6  1973, he was honorably discharged. Item 9 (DOB) of his DD Form 214 shows his DOB as 3  19XX. 5. The affidavit and driver's license he provides show his DOB is 9 19XX. 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 9  19XX was carefully considered and found to have merit. 2. His DOB was recorded as 3 19XX when he enlisted; but it appears this was an error. His records contain multiple documents reflecting his DOB as 9  19XX. Therefore, his DD Form 214 should be corrected to show his DOB as recorded on his driver's license. 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 9 of his DD Form 214 and replacing it with the DOB shown on his driver's license. _______________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) AR20150002013 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002013 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1