IN THE CASE OF:  

		BOARD DATE:  12 December 2017

		DOCKET NUMBER:  AR20160006192


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:  12 December 2017

		DOCKET NUMBER:  AR20160006192


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 deleting the date of birth (DOB) listed in item 4 (DOB) of his DD Form 214 and replacing it with the DOB listed on his DA Form 2 (Personnel Qualification Record – Part I). 



                                    ___________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:  12 December 2017

		DOCKET NUMBER:  AR20160006192


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) by showing his date of birth (DOB) as X July XXXX instead of X June XXXX.

2.  The applicant states, in effect, the DOB on his DD Form 214 is incorrect. 

3.  The applicant provides a copy of his 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 enlisted in the Regular Army on 19 February 1975.

3.  DA Form 2 (Personnel Qualification Record – Part I), prepared on                  28 November 1977, lists his DOB as X July XXXX.

4.  On 13 February 1978, he was honorably released from active duty.  Item 4 (DOB) of the DD Form 214 he was issued lists his DOB as X June XXXX.

5.  The applicant provides a Certificate of Live Birth, which lists his DOB as         X July XXXX.

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION:

The applicant's DOB appears as X July XXXX on his DA Form 2 and his Certificate of Live Birth; however, it appears as X June XXXX on his DD Form 214.  The evidence indicates an administrative error occurred during the preparation of his DD Form 214.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20160006192



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160006192



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2