IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140013958
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 August 2009 be corrected to show his date of birth (DOB) as XX February 19XX instead of XX January 19XX.
2. The applicant states his birth certificate shows his correct DOB.
3. The applicant provides his DD Form 214 and 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 enlisted in the Illinois Army National Guard (ILARNG) on 19 June 2003.
3. His record contains an official true copy of the applicant's birth certificate, which shows his DOB as XX February 19XX.
4. His DD Form 214 for the period ending 24 September 2004 shows he completed his active duty for training during this period. This form shows his DOB as XX February 19XX.
5. Orders 179-007, dated 27 June 2008, issued by Department of Military Affairs, State of Illinois, ordered him to active duty on 31 July 2008 in support of Operation Enduring Freedom.
6. The applicant completed his required active service on 1 August 2009. His DD Form 214 for that period shows his DOB as XX January 19XX.
7. On 6 November 2011, the applicant was honorably released from the ILARNG. His National Guard Bureau (NGB) Form 22 shows a DOB of XX January 19XX. On 1 March 2013, an NGB Form 22A (Correction of NGB Form 22) was issued showing his DOB was amended to show XX February 19XX.
DISCUSSION AND CONCLUSIONS:
Available records show and the birth certificate provided by the applicant confirms his DOB is XX February 19XX. The DOB reflected on his DD Form 214 for the period ending 1 August 2009 is a clerical error and, as such, should be corrected.
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 1 August 2009 to show the DOB shown on his birth certificate.
_______ _ _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) AR20140013958
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ABCMR Record of Proceedings (cont) AR20140013958
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