IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080017679
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 date of birth (DOB).
2. The applicant states that his DOB is not "3-5-1974." He states, in effect, that this is a typographical error.
3. The applicant provides a copy of his birth certificate; his Certification of Military Service, dated 2 July 2008; and his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) for the period ending 12 October 1978, in support of his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After having had prior service in the Regular Army, the applicant enlisted in the U. S. Army Reserve on 1 May 1974. His DD Form 4 (Enlistment Contract) erroneously reflects his DOB as 5 March 1974.
3. The applicant was discharged on 8 March 1977 for the purpose of enlistment in the Army National Guard.
4. The applicant enlisted in the Army National Guard on 9 March 1977. His DD Form 4 shows his DOB as 5 March 1938. He was discharged on 12 October 1978. His NGB Form 22 for the period ending 9 March 1977 erroneously reflects his DOB as 3 March 1938.
5. The applicant reenlisted in the Army National Guard on 13 October 1978. His DD Form 4 shows his DOB as 5 March 1938. He was discharged on 25 June 1981. His NGB Form 22 for the period ending 25 June 1981 shows his DOB as 5 March 1938.
6. His DA Form 2A (Personnel Qualification Record - Part I) shows his DOB as 5 March 1938.
7. The applicant provided a copy of his birth certificate which shows his DOB as 5 March 1938.
8. On 2 July 2008, the applicant was issued a Certification of Military Service which shows his DOB as "3-5-1974."
DISCUSSION AND CONCLUSIONS:
The applicant's birth certificate confirms that his DOB is 5 March 1938. However, his Certification of Military Service, dated 2 July 2008 and several other available documents incorrectly reflect his DOB. Therefore, it would be appropriate to correct the applicant's records to show his DOB as 5 March 1938.
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 State Army National Guard records and Department of the Army records of the individual concerned be corrected by showing his DOB as 5 March 1938.
_______ _ 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) AR20080017679
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ABCMR Record of Proceedings (cont) AR20080017679
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