IN THE CASE OF:

		BOARD DATE:  18 January 2019

		DOCKET NUMBER:  AR20170012031 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION



2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:

		BOARD DATE:  18 January 2019

		DOCKET NUMBER:  AR20170012031 


APPLICANT'S REQUEST AND STATEMENT:

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

2.  The applicant states the error is due to her Immigration and Naturalization Service card being incorrect when she enlisted.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

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

* DD Form 214-Automated (Certificate of Release or Discharge from Active Duty)
* Permanent Residence card
* California Identification card

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

* DD Form 214
* DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* Resident Alien card

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 24 August 2000.  Item 6 (DOB) of her DD Form 4/1 lists her DOB as "XX January XXXX."

3.  A review of every document in her available military personnel record consistently shows her DOB as "XX January XXXX."  

4.  The applicant was honorably released from active duty on 23 August 2004.  Item 5 (DOB) of her DD Form 214 lists "XX January XXXX." 

5.  Her military record does not contain any documents that list her DOB as "XX December XXXX."

6.  The applicant provides a copy of her Permanent Residence card and California Identification card, which lists her DOB as "XX December XXXX."



BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  A copy of this decisional document will be filed in the applicant's official military personnel file.  This should serve to clarify any questions or confusion with regard to the difference in the DOB recorded in her records and on her DD Form 214 and the DOB shown on her Permanent Residence and California Identification cards.

												
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)	AR20170012031



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2