IN THE CASE OF:
BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20140001838
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 (DOB) as 8 February vice 2 August 19XX.
2. The applicant states the date and month of his DOB were transposed.
3. The applicant provides his DD Form 214, social security card, and a driver's license.
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 enlisted in the South Carolina Army National Guard (SCARNG) on 12 August 1993. His DD Form 4 (Enlistment/reenlistment Document) is not available for review with this case. It is unknown what DOB he disclosed at the time.
3. None of his military records between August 1993 and July 2002 are available for review with this case. The available evidence contains a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 11 August 2002, that shows he extended his original enlistment by 1 year.
4. On 20 January 2003, he underwent a retention physical at an Air National Guard clinic in Eastover, SC. His DD Form 2808 (Report of Medical Examination) listed his DOB as 8 February 19XX.
5. He entered active duty on 10 February 2003. He subsequently served in Iraq from 18 April 2003 to 3 March 2004.
6. He underwent a separation physical examination at Winn Army Community Hospital on 6 March 2004. This DD Form 2808 also listed his DOB as
8 February 19XX.
7. He was honorably released from active duty on 2 April 2004. Item 5 (DOB) of his DD Form 214 shows his DOB as "19XX-08-02" (2 August 19XX).
8. The available evidence contains a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 10 June 2004, which listed his DOB as
8 February 19XX.
9. He was separated from the SCARNG on 1 October 2004. His National Guard Bureau Form 22 (Report of Separation and Record of Service) listed his DOB as "19XX-02-08."
10. He provides a social security card that lists his name and social security number. He also provides a state driver license listing a name similar to his with the DOB as "19XX-02-08."
11. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's military records between 1993 and 2004 are not available for review with this case, when the applicant underwent a physical on 20 January 2003, his DOB was shown as 8 February 19XX. This DOB is consistent with other documents in his service records including a clearance certificate and a second physical examination that he underwent in March 2004.
2. It appears when his DD Form 214 was processed it inadvertently transposed the day and month by listing his DOB as "19XX-08-02" vice "19XX-02-08." Therefore, he is entitled to correction of his DD Form 214 to show his DOB as 8 February 19XX.
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 his DD Form 214 for the period ending 2 April 2004 by deleting from item 5 the current entry and adding his DOB as it is shown on his driver's license.
_______ _ _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.
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