IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140011525
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 as 9 June XXXX
* He was awarded a second Army Achievement Medal (AAM)
2. The applicant states the above information is not correctly shown on his
DD Form 214.
3. The applicant provides copies of:
* A DD Form 214 (Member Copy 1)
* A State of New Jersey Certificate of Live Birth, issued on 3 October 2011
* A DA Form 638 (Recommendation for Award) showing AAM approval, dated 3 May 2001
* A DA Form 638 showing AAM approval, dated 12 July 2001
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 14 September 1999, the applicant enlisted in the Regular Army.
a. His DD Form 4 (Enlistment/Reenlistment Document) shows his date of birth as 9 October XXXX.
b. His DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) shows his date of birth as 9 June XXXX.
c. His Standard Form 86 (Questionnaire for National Security Positions) shows his date of birth as 9 June XXXX.
3. The two DA Forms 638 provided by the applicant show he was recommended for and awarded an AAM on two separate occasions, as follows:
* Permanent Order Number 135-12, dated 3 May 2001
* Permanent Order Number 193-07, dated 12 July 2001
4. On 13 September 2002, the applicant was honorably released based on completion of required active service. He completed 3 years of creditable active service. His DD Form 214 shows:
a. his date of birth as 9 October XXXX; and
b. his awards as:
* Army Lapel Button
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. Permanent Order 277-336, Fort Hood, TX, dated 4 October 2002, announced the applicant's award of the Army Good Conduct Medal (AGCM) for the period
14 September 1999 to 13 September 2002.
6. The New Jersey Certificate of Live Birth provided by the applicant shows he was born on 9 June XXXX.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show:
* His date of birth as 9 June XXXX
* He was awarded the AAM (2nd Award)
2. The applicant's records show his date of birth as follows: His DD Form 4/1 shows his date of birth as 9 October XXXX. The accompanying DD Form 1966/1 shows his date of birth as 9 June XXX, which is in agreement with his birth certificate. Therefore, this portion of his request should be granted.
3. Two DA Forms 638, as provided by the applicant, are sufficiently convincing to show that he was awarded the AAM (2nd Award). Therefore, his DD Form 214 should be corrected to show both awards.
4. Orders show the applicant was awarded the AGCM. Therefore, this medal should be shown on his DD Form 214.
5. In view of the above, the applicant's request should be granted.
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:
a. amending his DD Form 214 to show the date of birth listed on his birth certificate;
b. deleting from his DD Form 214 the Army Achievement Medal; and
c. showing in addition to the awards already listed that his awards include:
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
_______ _ 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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140011525
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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