BOARD DATE:  10 April 2018

		DOCKET NUMBER:  AR20160014358


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:  10 April 2018

		DOCKET NUMBER:  AR20160014358


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 entry in item 9 of his DD Form 214 and replacing it with the date of birth shown on his Standard Form 86 (Questionnaire for National Security Positions) and Birth Registration Form.  



                                    ___________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:  10 April 2018

		DOCKET NUMBER:  AR20160014358


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 (Certificate of Release or Discharge from Active Duty) by showing his date of birth (DOB) as 3  XXXX instead of 2  XXXX.

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

3.  The applicant provides a copy of his Birth Registration Form. 

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.  His record contains a Standard Form (SF) 86 (Questionnaire for National Security Positions), dated 29 April 1996, which lists his DOB as 3  XXXX.

3.  The applicant enlisted in the Regular Army (RA) on 27 August 1996.

4.  The Army released him from active duty on 26 August 1999.  Item 5 (DOB) of his DD Form 214 shows 2  XXXX.

5.  The applicant provides a copy of his Birth Registration Form which lists his DOB as 3  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 stated 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 SF 86 that was completed upon enlistment in the RA shows his DOB as 3  XXXX.  This DOB is consistent with the DOB listed on the Birth Registration Form he provided.  It appears an administrative error occurred with regard to his DOB 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)	AR20160014358



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160014358



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2