BOARD DATE:	22 November 2011

		DOCKET NUMBER:  AR20110011129 


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 the following documents to show his correct date of birth (DOB):

* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 24 July 1990
* NGB Form 22 for the period ending 8 May 1995, he also requests correction of his first name on this form
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 December 1989
* DD Form 214 for the period ending 11 August 1997

2.  He states the DOB listed on his NGB Forms 22 and DD Forms 214 are incorrect.

3.  He provides:

* his Certificate of Live Birth, issued on 6 June 2003
* his Texas Identification Card
* His Social Security card
* Two DD Forms 214
* Two NGB Forms 22


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 requested correction of his two NGB Forms 22 to show his correct DOB and to correct one of the NGB Forms 22 to correct his first name.  Requests for administrative relief submitted by Army National Guard Soldiers not on active duty are normally considered by the appropriate State Adjutant General.  The applicant has been so notified by separate correspondence.  Therefore, this portion of his request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Mississippi Army National Guard (MSARNG) on 26 June 1989.  He was ordered to active duty for training (ADT) on 14 July 1989 and he was released from ADT on 1 December 1989 and transferred back to his MSARNG unit.  Item 3 (DOB) of his DD Form 214 for the period ending
1 December 1989 shows his DOB as 22 February 1967.  He was discharged from the MSARNG on 24 July 1990.

4.  On 3 August 1993, he enlisted in the Texas Army National Guard (TXARNG).  On 8 May 1995, he was discharged from the TXARNG at the expiration of his term of service.

5.  On 9 May 1995, he enlisted in the Regular Army for a period of 3 years.  His DD Form 4 (Enlistment/Reenlistment Document) shows his DOB as
22 December 1967.

6.  He was discharged on 11 August 1997.  Item 5 (DOB) of his DD Form 214 for this period shows his DOB as 22 December 1967.

7.  A review of his interactive Personnel Electronic Records Management System (iPERMS) record revealed the following documents that show his DOB as 22 December 1967:
* Mississippi State Board of Health, Office of Public Health Statistics, Vital Records, Certification of Birth, issued on 8 September 1988
* Standard Form (SF) 88 (Report of Medical Examination), dated 3 August 1993
* DD Form 1966 (Report of Military Processing – Armed Forces of the United States), dated 8 February 1995
* DD Form 398-2 (National Agency Questionnaire), dated 8 February 1995
* Jackson State University transcript, dated 16 March 1995
* DD Form 4 (Enlistment/Reenlistment Document), dated 9 May 1995

8.  He provided a copy of his Certificate of Live Birth and his Texas Identification Card that shows his DOB as 21 December 1967.

9.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the DOB listed on his two DD Forms 214 is incorrect.  Although he provided a copy of his Certificate of Live Birth and Texas Identification Card reflecting his DOB as 21 December 1967, various documents in his iPERMS record reflect his DOB as 22 December 1967.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

3.  The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB/name documented in his OMPF.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X__  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20110011129



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ABCMR Record of Proceedings (cont)                                         AR20110011129



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