IN THE CASE OF:
BOARD DATE: 1 August 2013
DOCKET NUMBER: AR20130000945
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 or birth (DOB) as 6 September 19XX vice 9 June 19XX.
2. The applicant states, in effect, his DOB is incorrect on his DD Form 214 for the period ending 24 May 2006.
3. The applicant provides his DD Form 214 and a birth certificate.
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 records show he served in the U.S. Marine Corps from 27 August 1990 to 26 August 1994. Item 5 (DOB) of the DD Form 214 he was issued for this period of service shows his DOB as 6 September 19XX.
3. On 21 April 2002, he enlisted in the Georgia Army National Guard (GAARNG). Item 6 (DOB) of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 21 April 2002, shows his DOB as 9 June 19XX.
4. The applicant provides and his records contain a State of Louisiana Certificate of Live Birth, issued on 19 August 2002, wherein it shows his DOB as 6 September 19XX.
5. His record also contains several personnel, medical, and legal documents that show his DOB as 6 September 19XX. He authenticated many of these documents by placing his signature in the appropriate block
6. On 15 February 2005, he entered active duty as a member of the GAARNG. On 24 May 2006, he was honorably released from active duty to the control of his ARNG unit.
7. Item 5 (DOB) of the DD Form 214 he was issued for this period of service shows his DOB as 9 June 19XX.
8. On 4 August 2008, he was honorably discharged from the GAARNG. Item 7 (DOB) of the National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued for this period of service shows his DOB as 6 September 19XX.
DISCUSSION AND CONCLUSIONS:
1. It appears an administrative error occurred during the preparation of the applicant's DD Form 4 for his enlistment in the GAARNG on 21 April 2002 and the day and month of his DOB were transposed to 6 June vice 9 September 19XX. This is evidenced by the birth certificate in his records that was issued on 19 August 2002.
2. Throughout his military service he used 6 September 19XX as his DOB. The error in his DOB was compounded when his DD Form 214 for the period of ending 24 May 2006 was prepared with his DOB listed as 9 June 19XX. Therefore, it would be appropriate to correct his DD Form 214 for the period ending 24 May 2006 to show his correct DOB.
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 deleting the entry listed in item 5 of his DD Form 214 for the period ending 24 May 2006 and adding the date of birth as it is shown on his NGB Form 22.
_______ _ __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) AR20130000945
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