BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110017831
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 the month of his date of birth (DOB) be corrected to
show 03 instead of 09 on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 27 November 2005.
2. The applicant states his correct DOB is shown on his DD Form 214 with a separation date of 7 November 1992 and his New Jersey driver's license.
3. The applicant provides his:
* DD Form 214 with a separation date of 7 November 1992
* DD Form 214 with a separation date of 27 November 2005
* New Jersey auto driver license, with an expiration date of 31 March 2014
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. He previously served in the U.S. Marine Corps from 8 November 1988 to
7 November 1992. Item 5 of his DD Form 214 for this period of service shows his DOB as 700320.
3. His enlistment document for the Army National Guard is not available for review. He was ordered to active duty on 15 June 2004 in support of Operation Iraqi Freedom.
4. He was released from active duty on 27 November 2005. Item 5 (Date of Birth (YYYY/MM/DD)) of his DD Form 214 shows his DOB as 19700920.
5. His New Jersey auto driver license, which expires on 31 March 2014, shows his DOB as 03 - 20 - 1970.
DISCUSSION AND CONCLUSIONS:
His DD Form 214 from his previous service and his New Jersey auto driver license are sufficient to show the month of his DOB is 03. Therefore, it is appropriate to change Item 5 of his DD Form 214 with an effective date of
27 November 2005 to show the month of his DOB as 03 instead of 09.
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
amending Item 5 of his DD Form 214 with a separation date of 27 November 2005 to show the month of his DOB as shown on his DD Form 214 with a separation date of 7 November 1992.
_______ _ 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) AR20110017831
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ABCMR Record of Proceedings (cont) AR20110017831
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