IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150013128 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 August 2016 DOCKET NUMBER: AR20150013128 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 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 26 March 1973 to show the day in item 9 (Date of Birth) as a "2." _____________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 August 2016 DOCKET NUMBER: AR20150013128 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) with an effective date of 26 March 1973 to show the day of his date of birth (DOB) as "2." 2. The applicant states the correct day for his DOB should be "2." 3. The applicant provides: * Birth certificate * Driver's license, issued 15 May 2015, from Puerto Rico * A United States passport, issued on 3 November 2011 * DD Form 214 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 Military Personnel Records Jacket (MPRJ) contained a 3RD Form 57 (Date of Birth Verification Statement), dated 26 March 1971, that shows a recruiter personally verified a DOB with the day as "2." However, the applicant's name is not shown anywhere on the form. 3. On 29 March 1971, the applicant enlisted in the Regular Army. His DD Form 4 (Enlistment Contract, Armed Forces of the United States) shows his DOB with the day as "5." 4. The following documents in the applicant's Military Personnel Records Jacket (MPRJ) show his DOB with the day as "2": * DD Form 1584 (National Agency Check Request) * Standard Form (SF) 88 (Report of Medical Examination), dated 22 March 1971 * SF 89 (Report of Medical History), dated 22 March 1971 * DD Form 398 (Statement of Personal History), signed by the applicant on 31 March 1971 * SF 88, dated 4 December 1972 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows his DOB with the day as "5." 6. On 26 March 1973, he was released from active duty. Item 9 (Date of Birth) on his DD Form 214 shows his DOB with the day as "5." 7. The U.S. passport and Puerto Rico driver's license provided by the applicant show his DOB with the day as "2." 8. The birth certificate, issued by the Department of Health, Demographic Registry of Puerto Rico, provided by the applicant shows his DOB with the day as "2." The certificate was issued on 20 October 2010 by the Department of Health, Demographic Registry. 9. The government of Puerto Rico enacted a new birth certificate law (Law 191 of 2009, amended June 2010) to strengthen the issuance and usage of birth certificates, to combat fraud and to protect the identity and credit of all people born in Puerto Rico. a. Starting July 1, 2010, the Puerto Rico Department of Health began issuing new, more secure birth certificates through the Vital Statistics Record Office. b. On September 30, 2010, the law invalidated all birth certificates issued before July 1, 2010. Until September 30, 2010, all birth certificates issued prior to July 1, 2010 remained valid. 10. On 23 September 2010, the Governor of Puerto Rico signed Executive Order 2010-045 extending the validity of birth certificates issued before 1 July 2010 to 30 October 2010. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation. DISCUSSION: 1. The birth certificate provided by the applicant was issued after the Puerto Rico Department of Health began issuing new, more secure birth certificates. 2. Although the 3RD Form 57 did not contain the applicant's name, the form was filed with his enlistment documents in his MPRJ. 3. The DD Form 1584 in his MPRJ shows his DOB with the day as "2." 4. There are not many forms in a Soldier's military record that show his or her DOB. However, the applicant's MPRJ did contain a SF 88 and a SF 89, dated prior to the date of his enlistment, which show his DOB with the day as "2." The DD 398, signed by the applicant, all shows his DOB with the day as "2." An additional SF 88 shows his DOB with the day as "2." 5. His DD Form 4, DA Form 20, and DD Form 214 show his DOB with the day as "5." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013128 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013128 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2