IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140008014
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 the name and date of birth (DOB) listed
on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for
the period ending 4 May 1984.
2. He states he enlisted in the U.S. Army with the nickname "David O____," but all records should have shown his birth name, "De______ O____ III," and his DOB as 5 May 1965. He continued to serve as "David" until he was honorably
discharged in February 1993. He then enlisted in the Texas Army National Guard (TXARNG) using the name "De______ O____ III." He served under that name until he retired in September 2012. He would like the correction made so his information at the Department of Veterans Affairs (VA) will match.
3. He provides:
* driver license
* United States Uniformed Services Identification Card
* social security card
* birth certificate
* orders
* 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. On 5 May 1981, the applicant enlisted in the Regular Army (RA). On 4 May 1984, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) to complete his military service obligation. The DD Form 214 issued at that time shows in:
* item 1 (Name (Last, First, Middle)) "O____, David"
* item 5 (DOB) 5 May 1963
3. His Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) contains a high school diploma, dated August 1982, issued to him under the name shown on his birth certificate.
4. Effective 23 February 1993, he was honorably discharged from the USAR. His discharge orders show the same name as that shown on his DD Form 214 for the period ending 4 May 1984.
5. A Chronological Statement of Retirement Points, dated 7 July 1993, shows the same name and DOB as that shown on his DD Form 214 for the period ending 4 May 1984.
6. On 18 May 1996, he enlisted in the TXARNG. He enlisted under the name "De______ O____ Ill" and used the DOB 5 May 1965. He served under that name and DOB in the TXARNG until he was discharged on 17 May 2005 and during a subsequent period of TXARNG service from 13 August 2005 to 24 May 2012 after which he was transferred to the Retired Reserve.
7. His record contains a birth certificate showing he was born on 5 May 1965 and given the name "De______ O____ Ill." The birth certificate was certified as a true copy on 13 August 2005 and added to his OMPF in iPERMS in 2006.
DISCUSSION AND CONCLUSIONS:
1. The applicant admits that he enlisted in the RA under the name "David O____," and the available records show he served under that name until he was discharged from the USAR effective 23 February 1993. It appears he did not attempt to change his name to the name shown on his birth certificate during his RA and USAR service. He was issued a high school diploma under his birth name while he was serving in the RA.
2. He later served in the TXARNG for more than 15 years under the name and DOB shown on his birth certificate, and he indicates the discrepancies in his records are causing problems in his VA records. Although the DD Form 214 in question correctly reflects the name he states he used to enlist, there would be no harm in adding an entry to item 18 (Remarks) of this DD Form 214 showing he was also known as the name shown on his birth certificate.
3. Regarding his DOB, his birth certificate shows he was born on 5 May 1965, which means he would have reached 16 years of age on 5 May 1981 and would have been ineligible to enlist at that time due to his age. It appears that he enlisted using a DOB that made him appear to be 18 years of age. The incorrect DOB remained a matter of record until he was discharged from the USAR more than 10 years later. Although he later enlisted in the TXARNG under the DOB shown on his birth certificate, there is no basis for amending a DOB that was believed to be correct when the DD Form 214 in question was created. In light of the available evidence, it would not be appropriate to make any corrections or amendments related to his DOB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 adding an entry to item 18 of his DD Form 214 for the period ending 4 May 1984 showing he was also known as the name shown on his birth certificate.
2. The Board further determined that 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 his DOB.
__________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) AR20140008014
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140008014
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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