BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120022613
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth as 10 September 1966 and his last duty assignment as Troop B, 1st Squadron, 17th Air Cavalry.
2. The applicant states he was born in September and was assigned to the Air Cavalry which was an aviation unit.
3. The applicant provides a copy of his DD Form 214.
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 DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 13 October 1983, shows his date of birth as 10 September 1966. He enlisted for 6 years in the U.S. Army Reserve for a delayed enlistment in the Regular Army on 22 August 1984.
3. On 22 August, 1984, the applicant enlisted in the Regular Army. After completing his initial training at Fort Benning, Georgia, he was assigned to Fort Bragg, North Carolina.
4. The applicant's DA Form 2A (Personnel Qualification Record Part I) prepared on 11 October 1985 records his date of birth as 10 September 1966.
5. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) lists his specific units of assignment at Fort Bragg as:
* 10 January 1985 to 4 February 1987 Troop B, 1st Squadron, 17th Air Cavalry
* 5 to 9 February 1987 Headquarters and Headquarters Company, 1st Battalion, 504th Parachute Infantry Regiment
* 10 February to 22 June 1987 Company A, 1st Battalion, 504th Parachute Infantry Regiment
6. On 21 June 1987, the applicant was released from active duty. His DD Form 214 shows:
* item 5 (Date of Birth) 10 October 1966
* item 7 (Last Duty Assignment and Major Command) Company A, 1st Battalion, 504th Parachute Infantry Regiment
7. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty. The DD Form 214 provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The instructions required entry of the Soldier's date of birth in item 5 and his last duty assignment in item 7.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his date of birth as 10 September 1966 and his last duty assignment as Troop B, 1st Squadron, 17th Air Cavalry.
2. The available evidence of record clearly shows that the applicant entered the Regular Army and served under the date of birth of 10 September 1966. Therefore, his DD Form 214 should be corrected to show this date of birth.
3. The available records clearly show the applicant's last unit of assignment was Company A, 1st Battalion, 504th Parachute Infantry Regiment. This is the unit shown on his DD Form 214. Therefore, this portion of his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x___ ___x_____ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending his DD Form 214 to show his date of birth as 10 September 1966.
2. The Board further determined 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 last duty assignment shown on his DD Form 214.
___________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) AR20120022613
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ABCMR Record of Proceedings (cont) AR20120022613
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