RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060007188


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Roland S. Venable             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 5 (Date of Birth) of his DD Form  
214 (Certificate of Release or Discharge from Active Duty) be corrected.
He requests that his name be corrected on his DA Form 1341 (Jumps-Army
Allotment Authorization), and he states that his discharge date from active
duty and discharge date from prison are different.

2.  The applicant states, in effect, that his date of birth is incorrect in
item 5 of his DD Form 214.  His date of birth is 620618.  He states, in
effect, that his name is misspelled on the DA Form 1341 and there is a
conflict between his active duty discharge date and his prison discharge
date and they both should match.  Also, he states that he became aware of
the information after he applied for service connected pension.

3.  The applicant provides:

     a.  a copy of his DD Form 214 and his discharge certificate;

     b.  a miniature copy of a Georgia Department of Offender
Rehabilitation Certificate of Discharge; and

     c.  a copy of DA Form 1341.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 January 1983, the date of his discharge from active duty.
The application submitted in this case is dated 26 April 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's records show that he entered active duty on 19 August
1980.  He completed basic combat training and advanced individual training
and was awarded the military occupational specialty 19D1O (Cavalry Scout).
On
14 January 1983, he was discharged under honorable conditions and had
completed a total of 1 year, 10 months, and 24 days of active military
service.

4.  Item 5 of the applicant's DD Form 214 shows the applicant's date of
birth as 620602.

5.  Item 1 (Name) of the applicant's DA Form 1341 shows the applicant's
name as MAL_ _ _.

6.  All of the applicant's pertinent records to include: his enlistment
contract and his DIS Form 1 (Defense Investigative Service) show his date
of birth as 620618.

7.  The Certificate of Discharge from the Georgia Department of Offender
Rehabilitation shows that the applicant's discharge date from prison was  
27 March 1984.

8.  Army Regulation 635-5 (Separation Documents), then in effect,
establishes the standardized policy for preparing and distributing the DD
Form 214.  In pertinent part, it states that you may use DD Form 4/4
(Enlistment/Reenlistment Document-Armed Forces of the United States) as a
source document to enter date of birth in item 5 (Date of Birth) of the DD
Form 214.  The date of birth is entered as year, month, and day.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 5 of his DD Form 214 should be
corrected to show his date of birth is 620618.  Also, he contends that his
name be corrected on his DA Form 1341 and that both discharge dates from
active duty and from prison should match.

2.  All pertinent documents contained in the applicant's military service
records show his date of birth as 620618.  Since the entry 620602 is
obviously an administrative error, the applicant is entitled to correction
of his records to show in item 5 of the applicant's DD Form 214 his date of
birth is 620618.

3.  Since the DA Form 1341 is not normally accessible by individuals other
than the Soldier, there is generally no benefit in making corrections to
this form even after the past of time of 23 years.

4.  The applicant has not provided any evidence to show his discharge date
from active duty isn't correct.  His discharge date from imprisonment has
no bearing on the effective date for a discharge issued because of a
pattern of misconduct.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 January 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 November 1986.  Although the applicant did not file
within the ABCMR's statute of limitations, the evidence in this case
warrants waiver of failure to timely file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jtm___  ___wdp _  ___rsv___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing the date of
birth as 620618 in item 5 (Date of Birth) of the applicant's DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the applicant's discharge date from active duty and his misspelled name on
his DA Form 1341.




                            __________John T. Meixell_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007188                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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