IN THE CASE OF:  

		BOARD DATE:  12 December 2017

		DOCKET NUMBER:  AR20160008816


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:  AR20160008816


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 current entry from item 9 (Date of Birth (DOB)) of his DD Form 214  and replacing it with the DOB shown on his Certification of Vital Record.



                                    ___________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:  AR20160008816


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as "X9  XXXX" instead of "X6  XXXX."

2.  The applicant states, in effect, his DD Form 214 lists an incorrect DOB.

3.  The applicant provides a copy of his DD Form 214 and State of Texas Certification of Vital Record. 

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 U.S. Army Reserve (USAR) on 15 September 1966.  Item 15 (DOB) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) lists his DOB as "X9 Jun XX."

3.  His records contain DA Form 873 (Certificate of Clearance and/or Security Determination under Executive Order (EO) 10450), dated 28 May 1969, which lists his DOB as "X9 Jun XX."

4.  The applicant was appointed a Reserve commissioned officer of the Army.  He was ordered to active duty as a member of the USAR on 7 August 1969.  

5.  The Army released him from active duty 25 March 1971.  Item 9 (DOB) of his DD Form 214 shows his DOB as "X6 Jun XX."

6.  The applicant provides a copy of Certification of Vital Record from the State of Texas, which shows his DOB as "X9  XXXX."

REFERENCES:

Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION:

The applicant's enlistment contract and additional evidence show his DOB was incorrectly recorded on his DD Form 214.  It appears an administrative error occurred during the preparation of his DD Form 214, which resulted in the incorrect entry of his day of birth.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20160008816



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160008816



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2