IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004987 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: 14 November 2017 DOCKET NUMBER: AR20160004987 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 to show his date of birth as 28 December XXXX as it is listed on his Certificate of Birth. _____________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: 14 November 2017 DOCKET NUMBER: AR20160004987 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 his date of birth as 28 December XXXX instead of 25 December XXXX. 2. He states his record is incorrect. 3. He provides: * Certification of Birth * Enlistment/Reenlistment documents * 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. The applicant enlisted in the Regular Army on 18 May 1977. 3. The only two documents that are available showing his date of birth as 25 December XXXX is his DD Form 214 and DD Form 4 (Enlistment or Reenlistment Agreement), dated 31 March 1977. All other documents in his record containing a date of birth lists 28 December XXXX to include the following: * DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 31 March 1977 * Report of National Agency Check, dated 16 May 1977 * DD Form 93 (Record of Emergency Data), dated 4 October 1977 * DA Form 428 (Application for Identification Card), dated 26 January 1978 4. The applicant’s DD Form 214 shows he was released from active duty on 16 November 1978. Item 4 (Date of Birth) shows 25 December XXXX. 5. He provided a Certification of Birth from the U.S. Naval Air Station, Port Lyautey, Morocco, that lists his date of birth as 28 December XXXX. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. DISCUSSION: It appears there was some confusion regarding the applicant's date of birth on his enlistment document and his DD Form 214 However, every other document in his record containing his date of birth lists his date of birth as 28 December XXXX. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004987 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004987 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2