IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011740 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 IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011740 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 amending his DD Form 214 for the period ending 14 April 1986 by deleting the date of birth listed in item 5, and replacing it with the date of birth shown in item 4 of his DD Form 214 for the period ending 10 June 1979. _____________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. IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011740 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 (Certificate of Release or Discharge from Active Duty), for the period ending 14 April 1986, by changing his date of birth (DOB) from 27 to 27 . 2. The applicant states, in effect, his DD Form 214 shows the wrong DOB. 3. The applicant provides: * baptism certificate * joint affidavit * social security card 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 30 November 1976. 3. He was honorably discharged on 10 June 1979 for the purpose of immediately reenlisting. His DD Form 214 (Report of Separation from Active Duty) listed his DOB as 27 in item 4 (DOB). 4. He reenlisted in the Regular Army on 11 June 1979, and he was continuously on active duty until his honorable discharge on 14 April 1986. His DD Form 214 ending 14 April 1986 reflects his DOB as 27 . 5. His available service record contains the following relevant documents, showing his DOB as 27 : * DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the U.S.), dated 11 June 1979 * DD Form 4, dated 14 December 1982 * DA Form 428 (Application for Identification Card), signed by the applicant on 11 June 1986 6. The applicant provides: a. A document titled Joint Affidavit, dated 18 April 1978, that indicated the signers, two individuals (WJ and VJ), were married and residents of Leganes, The Philippines. They also affirmed they personally knew the applicant's parents, and confirmed the applicant was born on 27 . They further stated they were present in the applicant's house the day he was born. b. A Certificate of Baptism, from the town of Leganes, The Philippines, showing the applicant was born on 27 , and baptized on 5 May 19XX. REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214. Source documents include DA Forms 2 and 2-1 (Personnel Qualification Records) as well as enlistment/reenlistment documents and orders. The DOB to be shown on the DD Form 214 is taken from these source documents. DISCUSSION: 1. The applicant requests correction of his DD Form 214 for the period ending 14 April 1986 to show his DOB as 27 . 2. Documents in his available service record, to include a previous DD Form 214 for the period ending 10 June 1979, show his DOB as 27 . It appears appropriate to amend his DD Form 214 for the period ending 14 April 1986 to reflect the same DOB, //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011740 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011740 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2