BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150016965 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: 11 April 2017 DOCKET NUMBER: AR20150016965 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 deleting from item 5 of his DD Form 214 the entry "XX03XX" and replacing it with the entry "XX04XX." ___________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: 11 April 2017 DOCKET NUMBER: AR20150016965 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) to show his birth month as "April" instead of "March." 2. The applicant states his birth month is incorrect and should be changed. 3. The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214) and birth certificate. 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 the cases 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. 2. He enlisted in the Regular Army on 21 October 1976. His records contain the following: * DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 21 October 1976, listing his date of birth (DOB) as XX March 1958 * DA Form 4187 (Personnel Action), dated 28 October 1976, stating the applicant's birth month was erroneously entered on the DD Form 4 as March due to an administrative error and his birth month was changed to April * DD Form 93 (Record of Emergency Data), dated 12 September 1979, which does not list his DOB 3. He was released from active duty on 19 October 1979 and he was transferred to the U.S. Army Reserve. He was credited with 2 years, 11 months, and 29 days of active service. Item 5 (DOB) of his DD Form 214 lists his birth month as "March." 4. He provided a State of Oklahoma birth certificate, registered on 5 May 1958, identifying an individual with the same name of record as the applicant who was born on "XX April 1958." REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DD Form 214. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated item 5 would list the DOB verified in the Soldier's record. DISCUSSION: The applicant's military records contain sufficient evidence showing item 5 of his DD Form 214 contains a typographical error pertaining to his birth month. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016965 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016965 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2