IN THE CASE OF:	  

		BOARD DATE:	        09 APRIL 2009

		DOCKET NUMBER:  AR20080015551 


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, in effect, that his date of birth (DOB) be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1988 and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 6 July 2000. 

2.  The applicant essentially states that a mistake was made on his DOB on the aforementioned documents.

3.  The applicant provides his birth certificate; social security card; DD Form 214 for the period ending 31 May 1988; DD Form 214 (Report of Separation from Active Duty) for the period ending 15 February 1975; NGB Form 22 for the period ending 6 July 2000; and a letter, dated 2 September 2008, from the Linn County Veteran's Service Office located in Albany, Oregon in support of this application.

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 military records show that he was retired from the Oregon Army National Guard after completing more than 20 qualifying years of service for retired pay at age 60.  

3.  Block 4 (Date of Birth) of the applicant's DD Form 214 for the period ending
15 February 1975 correctly shows his DOB as 11 March 1953.  Block 5 (Date of Birth) of the applicant's DD Form 214 for the period ending 31 May 1988 incorrectly shows his DOB as 26 June 1957.  Block 7 (Date of Birth) of his NGB Form 22 incorrectly shows his DOB as 10 April 1956.

4.  The preponderance of the other documents in the applicant's military records which contained his DOB, including his 25 February 1972 enlistment contract into the Regular Army, DD Form 214 for the period ending 15 February 1975,
DD Form 398 (Statement of Personal History), DD Form 1172 (Application for Uniformed Services Identification Card DEERS Enrollment) for his wife, and
DA Form 873 (Certificate of Clearance and/or Security Determination) shows his DOB as 11 March 1953.  The applicant also provided his birth certificate which shows his DOB as 11 March 1953.

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It also established standardized policy for the preparation of the DD Form 214.  It stated, in effect, that for block 5, enter the six-digit number; year, month, and day without spaces or slashes (e.g., 690312 for March 12, 1969.)

6.  National Guard Regulation 600-200 (Enlisted Personnel Management), chapter 8, Section III (Report of Discharge and Record of Service (NGB Form 22 and 22A)), paragraph 8-17 (Preparation and Distribution of NGB Form 22) states that the NGB Form 22 will be prepared for every Soldier being discharged from the Army National Guard or released from the custody and control of the military. It stated, in effect, that the entry for block 7 (Date of Birth) was self-explanatory.

7.  National Guard Regulation 600-200, paragraph 8-18 (Amendments and corrections to NGB Form 22) states that when determined from official records that NGB Form 22 contains an error or omission of pertinent facts, corrections may be made by preparing NGB Form 22A (Correction to NGB Form 22).  It further states a copy of the NGB Form 22A will be mailed to the individual concerned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DOB should be corrected on his DD Form 214 for the period ending 31 May 1988 and his NGB Form 22 for the period ending
6 July 2000.

2.  The applicant's contention that the DOB is incorrectly entered on his DD Form 214 for the period ending 31 May 1988 and his NGB Form 22 for the period ending 6 July 2000 was carefully considered and found to have merit.  As a result, it would be appropriate at this time to correct these documents to show the applicant's correct DOB.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that the state Army National Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate, by:

   a.  deleting from block 5 of the applicant's DD Form 214 for the period ending 31 May 1988 the entry "570626" and replacing it with the entry "530311";
   
   b.  deleting from block 7 of the applicant's NGB Form 22 for the period ending 6 July 2000 the entry "19560410" and replacing it with the entry "19530410"; and

   c.  providing the applicant the appropriate correction documents as a result of these changes.
   
2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________XXX_______________
               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)                                         AR20080015551



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ABCMR Record of Proceedings (cont)                                         AR20080015551



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