BOARD DATE:  1 August 2018

		DOCKET NUMBER:  AR20170001026


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: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:  1 August 2018

		DOCKET NUMBER:  AR20170001026


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) to show his date of birth 
(DOB) as  versus .

2.  The applicant states his DOB was erroneously entered on his DD Form 214.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records with supporting document(s).  
Birth Certificate, issued by the State of Texas on 22 January 2007.

2.  Military personnel records and advisory opinion(s) (if any):

*	DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the 
United States), dated 12 November 1987
*	DD Form 214, for the period ending 3 August 1992
*	DA Form 2A (Personnel Qualification Record – Part I), dated 4 August 
1992

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, 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 preparation of the DD Form 214.  The DD Form 214 is a 
synopsis of the Soldier's most recent period of continuous active duty.  It 
provides a brief, clear-cut record of active Army service at the time of release 
from active duty, retirement, or discharge.



DISCUSSION:

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, 
and 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 contends his DD Form 214 should be corrected to show his 
DOB as .  He provides a copy of his birth certificate that shows 
his DOB as .

3.  The applicant listed  as his DOB at the time he enlisted into 
military service on 12 November 1987.  He represented his DOB as 
throughout the entire period of his military service.  This DOB is 
consistently represented in the documents contained in his Military Personnel 
Records Jacket; however, his DD Form 214 reflects .  
The requested DOB does appear in his available military records.

4.   It appears an administrative error occurred at the time his DOB was recorded 
on his DD Form 214.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160006036