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		IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140012212 


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) for the period ending 29 December 1992 to show:

* his middle name as Jerone 
* his date of birth (DOB) as 15 August 1961

2.  The applicant states: 

* his middle name is spelled incorrectly and his DOB is incorrect
* his middle name is Jerone, not Jerome
* his DOB is 15 August 1961, not 11 September 1961

3.  The applicant provides:

* certification of birth
* DD Form 214 for the period ending 29 December 1992

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's DD Form 1966 (Application for Enlistment – Armed Forces of the United States) contains a birth registration card showing his middle name as Jerome and his DOB as 14 August 1961.  He enlisted in the Army National Guard on 21 August 1980.

3.  Item 40 (Data Verification by Recruiter (Enter a description of the actual document used to verify items below)) show that his Birth Certificate was used to verify his name and age.

4.  He was ordered to active duty on 20 July 1992 and he was released from active duty on 29 December 1992.

5.  His DD Form 214 for the period ending 29 December 1992 shows in:

* item 1 (Name) shows his middle name as – Jerome
* item 5 (DOB) –shows his DOB as 11 September 1961

6.  He provided a copy of his certification of birth issued on 23 January 2014 showing his middle name as Jerone and his DOB as 15 August 1961.  It further shows the record was filed on 11 September 1961.

DISCUSSION AND CONCLUSIONS:

The applicant contends his middle name is Jerone and he was born on 15 August 1961.  The birth registration card used during his enlistment process in 1980 supports these contentions.  Based on the foregoing, it would be appropriate to correct his DD Form 214 for the period ending 29 December 1992 to show his middle name as Jerone and his DOB as 15 August 1961.



BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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:

	a.  deleting the current middle name from his DD Form 214 for the period ending 29 December 1992 and replacing it with the middle name shown on his birth registration card and

	b.  deleting the current DOB from his DD Form 214 for the period ending 29 December 1992 and replacing it with the entry “19610815” as shown on his birth registration card.



      __________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)                                         AR20140012212



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ABCMR Record of Proceedings (cont)                                         AR20140012212



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