BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100023818
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 her date of birth in item 5 (Date of Birth) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 12 November 1969 instead of 12 November 1970. She also requests correction of her mother's last name in item 19b (Nearest Relative) of her DD Form 214.
2. The applicant states she believes the record is in error because the year of birth does not match her birth certificate, which she was recently able to retrieve. She adds that she noticed her mother's last name is incorrectly spelled, as it shows the correct spelling on the birth certificate she submits.
3. The applicant provides copies of her U.S. Uniformed Services Identification and Privilege Card, social security card, and Certificate of Live 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 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. The applicant's military records show she enlisted in the Regular Army on 13 March 1990. She completed initial entry training, was awarded the military occupational specialty of equipment records and parts specialist, and was promoted to pay grade E-4.
3. She provided a copy of her birth record which shows her date of birth as 12 November 1969. This document also shows her mother's name spelled "Retha Mae J***" (maiden name).
4. Her initial DD Form 4 (Enlistment/Reenlistment Document) and other documents contained in her records show her date of birth as 12 November 1969.
5. Her enlistment documents show her mother's name as "Rita Od**."
6. On 2 April 1993, she was released from active duty. Her DD Form 214 for this period of service shows her date of birth as 12 November 1970. This form shows she completed a total 3 years and 20 days of active military service.
7. Item 19b of her DD Form 214, in pertinent part, contains the entry, "Rita Ol**."
8. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. This regulation, in effect at the time, stated that for item 19b of the DD Form 214 the NEAREST RELATIVE entry will be provided by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant's copy of her birth record, DD Form 4, and other documents in her military records show her date of birth as 12 November 1969. As such, it appears the date of birth on her DD Form 214 was transcribed in error; therefore, it would be appropriate to correct her DD Form 214 to show her date of birth as 12 November 1969.
2. Regulatory policy provides that the Soldier will provide the name of a relative for entry in item 19b of their DD Form 214. However, the spelling of her mother's last name on documents contained in her military records was "Od**." Therefore, it is reasonable to presume that she intended to have this entry on her DD Form 214 to show the last name as "Od**" at the time it was completed.
3. In view of the foregoing, it would be appropriate for her records to be corrected as shown below.
BOARD VOTE:
__x___ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends the DD Form 214 of the individual concerned be corrected by:
a. amending item 5 to read "12 November 1969"; and
b. amending so much of item 19b that pertains to the nearest relative's last name to read "Od**."
_______ _ 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) AR20100023818
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ABCMR Record of Proceedings (cont) AR20100023818
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