IN THE CASE OF:  	  

		BOARD DATE:  29 October 2015	  

		DOCKET NUMBER:  AR20150004101 


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 DOB as 
"22  XXXX" vice "23  XXXX."

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

3.  The applicant provides copies of his DD Form 214 and his birth certificate.  

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's record contains a DD Form 398 (Statement of Personal History), dated 18 January 1971, wherein he listed his DOB as "22  XXXX."

3.  His DD Form 47 (Record of Induction), dated 21 January 1971, shows his DOB as "23  XXXX."

4.  His DA Form 20 (Enlisted Qualification Record) shows his DOB as 
"23  XXXX."

5.  He was honorably released from active duty on 12  1972.  His 
DD Form 214 shows his DOB as "23  XXXX."

6.  He provided a copy of his birth certificate which shows his DOB as 
"22  XXXX."

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant listed his DOB on his DD Form 398 as "22  XXXX."  He now provides his birth certificate, which confirms his DOB as "22  XXXX."  His DOB is listed differently on his DD Form 214; therefore, it is reasonable to conclude an administrative error occurred at the time his DOB was recorded on his DD Form 214.  

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 deleting the current DOB entry from his DD Form 214 and replacing that entry with the DOB as shown on his DD Form 398.



      __________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)                                         AR20150004101





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ABCMR Record of Proceedings (cont)                                         AR20150004101



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