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ARMY | BCMR | CY2007 | 20070013404
Original file (20070013404.TXT) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 February 2008
	DOCKET NUMBER:  AR20070013404 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald D. Gant

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 correction of Item 5 (Date of Birth) on her DD Form 214 (Certificate of Release from Active Duty) to show "19870911" instead of "19871005."

2.  The applicant states that the incorrect date of birth was entered due to an administrative oversight.

3.  The applicant provides a copy of her DD Form 214, dated 20 May 2007; a copy of her Birth Certificate, issued on 25 October 2002; a copy of her DD Form 785 (Record of Disenrollment From Officer Candidate-Type Training), dated 3 May 2007; and a copy of United States Military Academy memorandum, subject: Unqualified Resignation for [applicant], dated 10 May 2007, in support of her application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that she was born on 11 September 1987 and entered the U.S. Military Academy (USMA), West Point, New York, as a cadet on 26 June 2006.

2.  On 3 May 2007, she submitted her unqualified resignation from the USMA.

3.  On 10 May 2007, the USMA Superintendent approved the applicant's unqualified resignation and ordered her separation.  She was honorably discharged on 20 May 2007.  Item 5 of the DD Form 214 she was issued at the time of her separation shows her date of birth as 5 October 1987.

4.  The applicant's Birth Certificate shows her date of birth as 11 September 1987.  This certificate was filed in the applicant's State of birth on 5 October 1987.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and 
advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  

6.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was born on 11 September 1987 and her birth certificate was filed on 5 October 1987.  It appears that when her DD Form 214 was completed, the official authenticating the DD Form 214 erroneously entered the date her birth certificate was filed (5 October 1987) instead of her date of birth (11 September 1987) in Item 5.  

2.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  Therefore, in view of the evidence provided, the applicant is entitled to correction of her DD Form 214 to show her correct date of birth

BOARD VOTE:

__klw___  __au____  __rdg___  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:

	a.  deleting the entry "19871005" in Item 5; and

	b.  adding the entry "19870911" in Item 5.



							Kenneth L. Wright
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.


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