BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018044 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: 25 April 2017 DOCKET NUMBER: AR20150018044 BOARD DETERMINATION/RECOMMENDATION: The Board determined 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 amending his DD Form 214 to show the date of birth listed on his 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: 25 April 2017 DOCKET NUMBER: AR20150018044 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 (Report of Separation From Active Duty) to show he was born on 21 19XX versus 22 19XX. 2. He states his date of birth (DOB) is incorrectly listed on his DD Form 214. 3. He provides a copy of his 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. In conjunction with his enlistment, he completed a DD Form 1966 (Application for Enlistment – Armed Forces of the United States). Item 11 of this form lists his DOB as 22 19XX. Item 43 (Data Verification-Age) of this same form shows his age was verified using a birth certificate. A copy of this birth certificate is filed in his military record showing his DOB as 21 19XX. 3. He enlisted in the U.S. Army Reserve on 25 February 1977 and his DOB is listed as 22  19XX on his DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States). He enlisted in the Regular Army on 6 April 1977. 4. He was honorably discharged from active duty on 9 August 1979. Item 4 (DOB) of his DD Form 214 lists his DOB as 22 19XX. 5. The applicant provided a copy of his birth certificate showing his DOB as 21  19XX. DISCUSSION AND CONCLUSIONS: It appears his DOB was incorrectly entered on his enlistment document and the error was carried forward to his DD Form 214. The birth certificate used to verify his age at the time of his enlistment shows he was born on 21 19XX. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018044 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018044 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2