BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018251 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: 27 April 2017 DOCKET NUMBER: AR20150018251 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) for the period ending 3 April 1972 to show his date of birth as it is shown 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: 27 April 2017 DOCKET NUMBER: AR20150018251 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) for the period ending 3 April 1972 to show his date of birth (DOB) as 3 instead of 2 . 2. The applicant states his DOB is incorrect on his DD Form 214. 3. The applicant provides copies of his DD Form 214 and Commonwealth of Virginia Certificate of Live Birth. 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 record contains a Standard Form (SF) 89 (Report of Medical History), which was prepared during his induction process, which shows his DOB as 3 . 3. The applicant was inducted into the Army of the United States on 5 June 1970 and was released from active duty 3 April 1972. His DD Form 214 shows his DOB as 2 . 4. The applicant provides a copy of his Commonwealth of Virginia Certificate of Live Birth that lists his DOB as 3 . REFERENCES: Army Regulation 635-5 (Separation Documents), in effect during the applicant's period of active 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 an SF 89 that shows his DOB as 3 , which is the DOB shown on his Commonwealth of Virginia Certificate of Live Birth. It appears an administrative error occurred during the preparation of his DD Form 214 that resulted in his 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) AR20150018251 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018251 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2