IN THE CASE OF:
BOARD DATE: 5 May 2009
DOCKET NUMBER: AR20080019807
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 that item 5 (Date of Birth) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was born on 20 February 1959 instead of 19 February 1959. He also requests that item 19b (Nearest Relative) on his DD Form 214 be corrected.
2. The applicant states, in effect, that his date of birth is 20 February 1959 and that he wants his spouse listed as the nearest relative with a Texas address on his DD Form 214.
3. The applicant provides a birth certificate, a marriage certificate, and a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicants enlistment contract, dated 2 November 1977, shows he was born on 20 February 1959. He enlisted on 2 November 1977 and served as a transportation sergeant. He remained on active duty through continuous reenlistments until he retired on 30 November 2007 in the rank of sergeant major.
2. Item 5 on the applicants DD Form 214 shows he was born on 19 February 1959. Item 19b on his DD Form 214 shows a Mississippi address.
3. The applicant's four other enlistment contracts show his date of birth is
20 February 1959.
4. In support of his claim, the applicant provided a birth certificate which shows he was born on 20 February 1959.
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states, in pertinent part, that the nearest relative will be provided by the Soldier. It also states that item 19b should be someone who would know their location and address at all times.
DISCUSSION AND CONCLUSIONS:
1. The preponderance of evidence in this case shows the applicant was born on
20 February 1959. Therefore, it would be appropriate to correct item 5 on his DD Form 214 to show this date.
2. Since the governing regulation states that the nearest relative will be provided by the applicant (i.e. at the time of separation), there is no basis for granting the applicants request to amend item 19b on his DD Form 214 at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 5 on his DD Form 214; and
b. adding the entry, "19590220" in item 5 on his 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 amending item 19b on his DD Form 214.
_______ _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) AR20080019807
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