BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100023428 


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) to show his correct date of birth.

2.  He states his date of birth is listed as 12 September 1959; however, his correct date of birth is "9 September 1956."

3.  He provides:

* his Certificate of Live Birth
* a DA Form 1966/1 (Application for Enlistment - Armed Forces of the United States)
* his DD Form 214

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 North Carolina Army National Guard (NCARNG) on 11 March 1985 for a period of 8 years in pay grade E-3.  Item 6 (Date of Birth) of his DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the entry "590912" which relates to 12 September 1959.

3.  He was ordered to active duty for training on 12 August 1985.  He was honorably released from active duty for training on 8 November 1985 and he was transferred back to his NCARNG unit.

4.  His DD Form 214 for this period of service shows in item 5 (Date of Birth) his date of birth as 12 September 1959.

5.  His record contains a DA Form 428 (Application for Identification Card), which shows in item 10 (Date of Birth), the entry "9 Dec 56."

6.  He was honorably released from the NCARNG on 1 May 1991 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

7.  He was issued a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) which shows in item 7 (Date of Birth) the entry "561209" which relates to 9 December 1956.

8.  He provides a North Carolina State Board of Heath Certificate of Live Birth, issued on 27 February 1985, which certified a male registrant with the same name as the applicant was born on 9 December 1956 in Davie, NC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his date of birth is incorrect on his DD Form 214 was carefully reviewed and found to have merit.

2.  The evidence of record confirms that the entry in item 5 of his DD Form 214 appears to be due to a typographical error.  The applicant provided a certified copy of his birth certificate that shows his date of birth as 9 December 1956.  His military personnel record also contains a DD Form 1966/1 and a DA Form 428 that show his date of birth as 9 December 1956.  Therefore, his DD Form 214 should be corrected to show his actual date of birth as 9 December 1956.

BOARD VOTE:

___x_____  ___x_____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 from item 5 of his DD Form 214 the entry "590912" [12 September 1959} and replacing it with the entry "561209" [9 December 1956].



      ________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.

ABCMR Record of Proceedings (cont)                                         AR20100023428



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ABCMR Record of Proceedings (cont)                                         AR20100023428



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