IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004451 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 reconsideration of his previous request for an upgrade of his other than honorable (OTH) discharge. 2. In addition, the applicant requests correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to show the year of his date of birth (DOB) as 1966 vice 1955. 3. He states he would like an upgrade, and he was born in 1966 not 1955. 4. The applicant does not provide any supporting documentation. 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. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090007648, on 15 September 2009. 3. On 1 April 2009, the applicant requested an upgrade of OTH discharge. On 15 September 2009, the ABCMR denied his request. 4. Army Regulation 15-185 sets forth procedures for processing requests for correction of military records. Paragraph 2-15b governs requests for reconsideration. This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered. 5. The staff of the ABCMR reviewed his request for reconsideration for an upgrade to his OTH discharge and determined that his request for reconsideration was not received within one year of the ABCMR's original decision. Furthermore, the applicant did not provide any new or material evidence or argument to support his request. His request for reconsideration does not meet the criteria outlined above; therefore, it will not be discussed further in these proceedings. 6. On 2 January 1985, the applicant enlisted in the Regular Army. After initial training, he was awarded military occupational specialty (MOS) 76C (Equipment Records and Parts Specialist). 7. The applicant’s DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his DOB as “.” 8. On 4 January 1991, the applicant was released from active duty and received and OTH discharge. His DD Form 214 item 5, shows his DOB as “.” DISCUSSION AND CONCLUSIONS: The available evidence indicates an error was made in recording the applicant's DOB on his DD Form 214 when he was released from active duty service for the period ending 4 January 1991. It would be appropriate to correct this error by replacing the entry in item 5 of his DD Form 214 for the period ending 4 January 1991 with the DOB listed on his DD Form 4. 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 entry from item 5 of his DD Form 214 for the period ending 4 January 1991 and replacing it with the DOB shown on his DD Form 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) AR20140005268 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004451 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1