BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150011136 BOARD VOTE: ___x______ __X_____ ____X_ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150011136 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 birth certificate. __________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. BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150011136 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 19XX. 2. The applicant states the DOB on his DD Form 214 is incorrect and is causing him problems when applying for benefits. 3. The applicant provides: * birth certificate * DD Form 214 * driver's license 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 was inducted in the Army of the United States on 11 March 1968. His DD Form 47 (Record of Induction) shows his DOB as 19XX. 3. His records contain the following documents which list his DOB as 19XX: * DD Form 398 (Statement of Personal History), dated 10 March 1967 * DD Form 1584 (National Agency Check Request), dated 14 March 1968 * DA Form 873 (Certificate of Clearance and/or Security Determination under Executive Order 10450), dated 26 uly 1968 4. On 21 December 1969, he was honorably discharged. Item 9 (DOB) of his DD Form 214 shows his DOB as 19XX. 5. The birth certificate and driver's license he provided show his DOB as 19XX. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. DISCUSSION: The applicant's DOB was recorded as 19XX on his induction document and DD Form 214, but it appears this was an error. His military records contain multiple documents reflecting his DOB as 19XX, matching the DOB shown on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011136 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011136 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2