IN THE CASE OF: .
BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100013739
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:
a. Item 5 (Date of Birth (DOB)) to show 9 March instead of 26 May 1961.
b. Item 19 (Mailing Address After Separation) to show "2022 S.W. Lxxxxxl Avenue, Rxxxxxg, OR 97471" instead of "Box # 1xx Txx Road, Uxxxxa, OR 97486."
2. The applicant states, in effect, his DOB and mailing address are listed incorrectly on his DD Form 214.
3. The applicant provides his DD Form 214, Oregon Driver License, and Certification of Birth.
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 records show he enlisted in the Regular Army on 25 October 1978. Item 5 (Home of Record) of his DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) listed his home of record as
"U----A, OREGON" and item 7 (DOB) listed his DOB as 9 March 1961. He authenticated this form by placing his signature in the appropriate block.
3. He completed basic combat and advanced individual training and he was awarded military occupational specialty 36K (Tactical Wire Operations Specialist).
4. On 18 January 1979, he completed a DA Form 428 (Application for Identification Card) and listed his DOB as 9 March 1961.
5. On 11 September 1979, he underwent a separation physical. His Standard Form (SF) 88 (Report of Medical Examination) listed his DOB as 9 March 1961.
6. He was discharged on 1 October 1979. The DD Form 214 he was issued shows in item 5 the entry "610526" and in item 19 the entry "Box # 1xx T--- Rd., U----a, OR 97486."
7. He provided a copy of his Oregon Driver License that shows the requested DOB and mailing address. He also provided a copy of his certification of birth that shows he was born on 9 March 1961 in Germany and his birth was recorded on 26 May 1961.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. Item 19 shows the permanent mailing address after separation as provided by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that at the time of his enlistment the applicant used 9 March 1961 as his DOB. This DOB is consistent with the DOB listed on
several other documents throughout his military service. It appears his DD Form 214 erroneously listed his DOB as 26 May 1961. Therefore, he is entitled to correction of his DD Form 214 to show the correct DOB.
2. With respect to his mailing address, the entry pertaining to the mailing address after separation is provided by the Soldier to the official preparing the DD Form 214. He would have had to provide the mailing address as shown on his DD Form 214. He also authenticated the DD Form 214 by placing his signature in the proper block. Lacking convincing independent and verifiable evidence to the contrary, it is presumed his mailing address was correct at the time and there is an insufficient evidentiary basis for changing it.
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 deleting from item 5 of his DD Form 214 the entry "610526" and replacing it with the entry "610309."
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 changing the applicants mailing address after separation on his DD Form 214 for the period ending
1 October 1979.
___________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) AR20100013739
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100013739
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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