IN THE CASE OF:  

		BOARD DATE:  29 November 2016

		DOCKET NUMBER:  AR20150014463


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:  29 November 2016

		DOCKET NUMBER:  AR20150014463


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 by deleting the current entry in item 9 and replacing it with "."



                                    __________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:  29 November 2016

		DOCKET NUMBER:  AR20150014463


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 the month and year of his date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the month and year of his DOB are incorrect on his 
DD Form 214.

3.  The applicant provides:

* Certification of a Birth Record, State of Montana
* 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.  On 30 November 1965, he enlisted in the Regular Army.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his DOB as 10 May 1947.

3.  A DD Form 373 (Consent, Declaration of Parent or Legal Guardian (for the enlistment of a minor in the U.S. Armed Forces)), dated 27 November 1965, is signed by both of the applicant's parents consenting to his enlistment.  His DOB is shown on the DD Form 373 as .

4.  On 27 November 1968, the applicant was released from active duty.  His 
DD Form 214 shows his date of birth in item 9 (DOB) as .

5.  The Certification of a Birth Record from the State of Montana shows the applicant's DOB as .

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:

The evidence shows the DOB shown on the DD Form 373 signed by the applicant's parents is the same DOB shown on the Certification of a Birth Record he provides.  It appears an error was made when preparing his DD Form 4 that was carried forward onto his DD Form 214.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20150014463



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150014463



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2