IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150008652 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 (Report of Separation from Active Duty) to show his date of birth (DOB) is vice . 2. He states he believes the day and month were transposed. 3. He provides his DD Form 214, driver’s License and U.S. passport. 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 completed a DD Form 398 (Statement of Personal History), dated 19 January 1973 wherein he listed his DOB as “7 Mars 52” [sic]. 3. On 30 January 1973, the applicant enlisted in the Regular Army (RA). Item 21 (DOB) of the DD Form 4 (Enlistment Contract - Armed Forces of the United States) completed at that time shows the entry "52 Jul 03." 5. A DD Form 1584 (National Agency Check Request), dated 2 February 1973 shows his DOB as “3 Jul 1952.” 6. He was honorably discharged on 7 February 1975. Item 4 (DOB) of his DD Form 214 for this period of service shows his DOB as . 7. He enlisted in the Arizona Army National Guard on 3 September 1975. Item 21 (DOB) of his reenlistment contract (DD Form 4) shows his DOB as . 8. A DD Form 428 (Application for Identification Card) dated 7 December 1975 shows his DOB as 3 March 1952. 9. On 28 April 1976, he was honorably discharged. Item 10 (DOB) of his NGB Form 22 (Report of Separation and Record of Service) shows his DOB as . 10. He provides a U.S. passport and driver’s license showing his DOB as 7 March 1952. DISCUSSION AND CONCLUSIONS: 1. The available evidence indicates an error was made in recording the applicant's DOB when he initially enlisted in the RA and that this error was carried forward onto his DD Form 214. It would be appropriate to correct this error by replacing the entry in item 4 of his DD Form 214 with the DOB recorded on his U.S. Passport. 2. As for correction of the applicant’s DOB on his NGB Form 22, he will need to submit a request to the Arizona Adjutant General's Department. 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 replacing the entry in block 4 of his DD Form 214 with the DOB shown on his U.S. Passport. __________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) AR20150008652 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1