IN THE CASE OF:
BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100023872
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, his military records and item 5 (Date of Birth) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 May 1991 be corrected to show he was born on 21 December 1948.
2. The applicant states:
* His original birth certificate was illegible
* His date of birth is incorrect on all of his military records
* Due to the incorrect birth certificate he is due back pay
3. The applicant provides:
* DD Form 214 for the period ending 13 May 1991
* Email, dated 3 March 2010, from the Alabama Army National Guard
* Amended birth certificate
* Birth certificate
* DD Form 214 for the period ending 4 March 1971
* NGB [National Guard Bureau] Form 22 (Report of Separation and Record of Service)
* Discharge orders, dated 29 June 2004
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 was inducted into the Army of the United States on 5 March 1969. He served as a light weapons infantryman in Vietnam. On 4 March 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 9 (Date of Birth) of his DD Form 214 for the period ending 4 March 1971 shows he was born on 21 December 1948.
4. His enlistment contract, dated 9 December 1978, shows he was born on
21 December 1949. He enlisted in the Army National Guard on 9 December 1978.
5. He was ordered to active duty on 27 September 1990 in support of Operation Desert Shield/Storm. On 13 May 1991, he was released from active duty.
6. Item 5 of his DD Form 214 for the period ending 13 May 1991 shows he was born on 21 December 1949.
7. He was honorably discharged from the Army National Guard on 26 June 2004 and assigned to the Retired Reserve.
8. His NGB Form 22 shows he was born on 21 December 1949.
9. In support of his claim, he provided an original handwritten birth certificate which shows he was born on 21 December and the year is illegible but since this certificate was filed on 1 January 1949 it appears he was born in 1948. He provided an amended birth certificate which shows he was born on 21 December 1948.
10. He also provided an email, dated 3 March 2010, from an official at the Alabama Army National Guard which states:
* The applicant is trying to get his retirement started
* His DD Form 214 from Desert Storm shows his date of birth is
21 December 1949
* His active duty DD Form 214 shows his date of birth is 21 December 1948
* His birth certificate shows 21 December 1948 but St. Louis said he needed to get his birth certificate corrected so it is legible (looks like 1947 not 1948)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was born on 21 December 1948 and his birth certificate and amended birth certificate support this contention. His DD Form 214 for the period ending 4 March 1971 also shows he was born on
21 December 1948.
2. Based on the foregoing, it would be appropriate to correct his military records and item 5 of his DD Form 214 for the period ending 13 May 1991 to show his date of birth is 21 December 1948.
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 Department of the Army records of the individual concerned be corrected by:
a. deleting from item 5 of the applicant's DD Form 214 for the period ending 13 May 1991 the entry "491221" and replacing it with the entry "481221"; and
b. correcting his military records to show he was born on 21 December 1948.
_______ _ 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) AR20100023872
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ABCMR Record of Proceedings (cont) AR20100023872
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