IN THE CASE OF:

		BOARD DATE:  18 January 2019

		DOCKET NUMBER:  AR20170009139 


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




		IN THE CASE OF:

		BOARD DATE:  18 January 2019

		DOCKET NUMBER:  AR20170009139 


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests correction of his records to show his date of birth 
(DOB) as "XX XXXXXXXXX XXXX instead of "XX XXXXXXXXX XXXX."

2.  The applicant states his DOB is incorrectly listed on his DD Form 214 
(Certificate of Release or Discharge from Active Duty).

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

1.  Application for correction of military records with supporting document(s):  

*	Florida Identification Card
*	Certificate of Naturalization

2.  Evidence from the applicant’s service record and Department of the Army and 
Department of Defense records and systems:

*	DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the 
United States)
*	DD Form 214

REFERENCES:

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. 
 
2.  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:

1.  While 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 (RA) on 14 October 1978.  Item 7 
(DOB) of his DD Form 4 lists his DOB as "XX XXXXXXXXX XXXX."

3.  The applicant retired honorably due to permanent physical disability on          
5 December 1986.  Item 5 (DOB) of his DD Form 214 lists his DOB as  
"XX XXXXXXXXX XXXX." 

4.  The applicant provides a copy of his Certificate of Naturalization and Florida 
Identification Card which lists his DOB as "XX XXXXXXXXX XXXX."

5.  The applicant's DD Form 4, which was completed upon his enlistment in the 
RA, shows his DOB as "XX XXXXXXXXX XXXX."  This DOB is consistent with 
the DOB listed on his Certificate of Naturalization, Florida Identification Card and 
miscellaneous records contained in his military records.  


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 5 (Date of Birth) of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) and replacing it with the date of birth 
shown on his DD Form 4 (Enlistment or Reenlistment Agreement – Armed 
Forces of the United States).  


												 
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.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160005706


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20170009139


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2