BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150017357 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: 30 March 2017 DOCKET NUMBER: AR20150017357 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 her DD Form 214 (Report of Separation from Active Duty), for the period ending 31 December 1975, to show her DOB as it is listed on her 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: 30 March 2017 DOCKET NUMBER: AR20150017357 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 her DD Form 214 (Report of Separation from Active Duty), for the period ending 31 December 1975, to show her date of birth (DOB) as 24 instead of 11 . 2. The applicant states her DD Form 214 incorrectly shows her DOB due to a typographical error. 3. The applicant provides copies of her 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 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 completed a DD Form 398 (Statement of Personal History) on 24 March 1975, wherein she listed her DOB as 24 . 3. The applicant enlisted in the Regular Army on 16 June 1975. He records include a DA Form 41 (Record of Emergency Data) that shows her DOB as 24 . 4. The applicant was discharged on 31 December 1975. Block 4 (DOB) of her DD Form 214 shows her DOB as 11 . 5. The applicant provides a copy of her birth certificate that shows her date of birth as 24 . REFERENCES: Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It provided that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: The applicant's record contains a DD Form 398 and a DA Form 41 that show her DOB as 24 , which is the DOB shown on her birth certificate. It appears that during the preparation of her DD Form 214, an administrative error occurred that resulted in her DOB being incorrectly entered. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017357 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017357 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2