BOARD DATE:	  21 July 2009

		DOCKET NUMBER:  AR20090002251 


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, correction of her separation document to show her correct date of birth (DOB).

2.  The applicant states, in effect, that her separation document shows her DOB as 6 June 1964; however, her DOB is 24 June 1964.

3.  The applicant provides, in support of her application, a copy of The Commonwealth of Massachusetts, Department of Public Health, Registry of Vital Records and Statistics, Certificate of Vital Record, recorded on 29 June 1964.

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 enlisted in the Army National Guard of the United States (ARNGUS) on 14 February 1983.

3.  A DD Form 1584 (National Agency Check Request), dated 22 February 1983, shows in Item 5 (Month, Day, Year of Birth) the entry "June 24, 1964."

4.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 1 June 1983 and was honorably released from active duty training on 14 December 1983, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-9a (Reserve Component personnel upon completion of military occupational specialty training).  At the time she had completed 6 months and
14 days of net active service and 3 months and 17 days of total prior inactive service.  Item 5 (Date of Birth) contains the entry "640624" (i.e., 24 June 1964).

5.  The applicant enlisted in the U.S. Army Reserve (USAR) on 10 December 1984.  She was ordered to active duty in support of Operation Desert Shield/ Desert Storm on 27 September 1990.

6.  A DD Form 214 with an effective date of 30 April 1991, along with a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 7 April 1992, show the applicant entered active duty this period on 27 September 1990 and was honorably released from active duty on 30 April 1991, under the provisions of Army Regulation 635-200, chapter 4, based on expiration term of service.  At the time she had completed 7 months and 4 days of net active service; 6 months and 14 days of total prior active service; and
7 years, 1 month, and 9 days of total prior inactive service.  Item 5 (Date of Birth) contains the entry "640606" (i.e., 6 June 1964).

7.  A DD Form 372 (Request for Verification of Birth), dated 3 September 1992, shows the applicant’s DOB of 24 June 1964 was verified in a telephone conversation between the U.S. Army recruiter and Lowell Clerk of Court.

8.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the ARNGUS on 23 June 2001. Item 6 (Date of Birth) contains the entry "19640624" (i.e., 24 June 1964).

9.  An NGB Form 22 (Report of Separation and Record of Service) with an effective date of 18 December 2000, along with an NGB Form 22A (Correction to NGB Form 22), dated 12 April 2005, in pertinent part, show that Item 7 (Date of Birth), which had read "69  06  24," was corrected to read "64  06  04."

10.  In support of her application, the applicant provides a copy of The Commonwealth of Massachusetts, Department of Public Health, Registry of Vital Records and Statistics, Certificate of Vital Record, recorded on 29 June 1964, that shows she was born on 24 June 1964 at Lowell, Massachusetts.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

12.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's separation, contains item-by-item instructions for completing the DD Form 214.  The instructions for item 5 state, "Enter date using six-digit number in this item; year, month, and day written in that sequence without spaces or slashes, e.g., 420106 for 6 Jan 42."  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 with an effective date of
30 April 1991 should be corrected to show her correct DOB of 24 June 1964.

2.  Records show that upon entry in the ARNGUS on 14 February 1983, enlistment in the USAR on 10 December 1984, and throughout the entire period of her military service, the applicant affirmed that her DOB is 24 June 1964.  In addition, the applicant’s DOB was verified by a U.S. Army recruiter with the Lowell Clerk of Court on 3 September 1992.  Moreover, the applicant now provides a copy of her birth certificate showing her DOB is 24 June 1964.

3.  The applicant’s DD Form 214 with an effective date of 30 April 1991 shows the applicant’s DOB as 6 June 1964, which clearly is in error.  Therefore, it would be appropriate to correct her DD Form 214 to show her DOB is 24 June 1964.

4.  The applicant’s NGB Form 22 with an effective date of 18 December 2000, as corrected by an NGB Form 22A, dated 12 April 2005, shows the applicant’s DOB as 4 June 1964, which clearly is in error.  Therefore, it would be appropriate to correct her NGB Form 22 to show her DOB is 24 June 1964.
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 and Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 5 of her 30 April 1991 DD Form 214 the entry "640606" and adding to item 5 the entry "640624"; and

   b.  voiding the NGB Form 22A, dated 12 April 2005, that pertains to the correction of item 7 of her 18 December 2000 NGB Form 22, and correcting item 7 of the NGB Form 22 to show her DOB is 24 June 1964.




      _______ _   _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)                                         AR20090002251



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ABCMR Record of Proceedings (cont)                                         AR20090002251



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