IN THE CASE OF:
BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130014830
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 his date of birth (DOB) be corrected to show
31 January 1955 on his DD Forms 214 (Certificate of Release or Discharge from Active Duty), effective date:
* 15 August 1983
* 19 April 2002
* 9 August 2004
* 2 April 2006
* 22 September 2007
2. The applicant states his DOB is 31 January 1955.
3. The applicant provides a certified copy of his birth certificate and the
DD Forms 214 listed above.
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. He enlisted in the Regular Army on 23 January 1978 and was released from active duty on 15 August 1983. His military records for this period of service were not available for review; however, the applicant provided his DD Form 214 which shows his DOB as 31 January 1955.
3. A review of his Army Military Human Resource Record (AMHRR) shows that after his initial enlistment he served in the U.S. Army Reserve (USAR) and Army National Guard (ARNG). His DOB is listed as 9 November 1957 on all documents that require that entry, to include his DD Forms 214 for the periods:
* 15 October 2001 - 19 April 2002
* 10 February 2003 - 9 August 2004
* 10 August 2004 - 2 April 2006
* 8 June - 22 September 2007
4. On 5 February 2009, the applicant was honorably discharged from the ARNG. His National Guard Bureau (NGB) Form 22-E (Report of Separation and Record of Service) for the period 1 September 1998 through 5 February 2009 lists his DOB as 9 November 1957.
5. The applicant provides a copy of his birth certificate which shows his DOB is 31 January 1955.
6. Army Regulation 635-5 (Separation Documents), as then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service. It was important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The birth certificate provided by the applicant shows his date of birth as
31 January 1955.
2. The evidence provided by the applicant shows his date of birth was recorded as 31 January 1955 during his initial period of service. However, his DOB was recorded as 9 November 1957 during all his subsequent periods of service and at the time of his discharge from the ARNG. It is unclear why the applicant used two different DOBs; but, his initial DD Form 214 is sufficient evidence to correct his record to show his date of birth as indicated on his birth certificate. In regard to his NGB Form 22, should the applicant desire to have his DOB corrected on this form he needs to apply to the state ARNG for such correction.
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 his DD Forms 214 for the periods ending 19 April 2002, 9 August 2004, 2 April 2006, and 22 September 2007 be corrected by showing his date of birth as 31 January 1955.
_______ _ 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) AR20130014830
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ABCMR Record of Proceedings (cont) AR20130014830
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