IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150008755 BOARD VOTE: ___x_____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150008755 BOARD DETERMINATION/RECOMMENDATION: 1. 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 Item 1 of his DD Form 214 to show his first name as Thomas, and b. amending Item 6 of his DD Form 214 to show his year of birth as 1943. __________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. Enclosure 1 IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150008755 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as Thomas and his year of birth as 1943. 2. The applicant states his first name was shown as Tom and his year of birth as 1939. 3. The applicant provides a copy of his 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. On 10 January 1961, the applicant enlisted in the California Army National Guard (CAARNG). 3. A DD Form 373 (Consent, Declaration of Parent or Legal Guardian) dated 10 January 1961, identifies the applicant’s first name as Tom. It also shows his year of birth was corrected to read as 1943. 4. A DD Form 4 (Enlistment Record – Armed Forces of the United States) dated 10 January 1961, identifies the applicant’s first name as Tom and his year of birth as 1939. 5. A DA Form 348 (Driver Qualification Record) shows the applicant’s year of birth as 1943 and his signature contains his first name as Thomas. 6. A DA Form 20 (Enlisted Qualification Record) shows the applicant’s year of birth as 1943 and his signature contains Thomas as his first name. 7. A DD Form 214 shows the applicant’s first name as Tom and his year of birth as 1939. 8. A certificate of birth, as provided by the applicant, issued on 30 March 1967, shows his first name as Thomas and his year of birth as 1943. REFERENCES: Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents. It required the entry of the Soldier's complete name in Item 1 and his complete date of birth in Item 6. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by showing his first name as Thomas and his year of birth as 1943. 2. The available evidence of record shows that the applicant enlisted in the CAARNG using a first name of Tom and a year of birth as 1939. However, several documents also show that he used Thomas as his first name and 1943 as his year of birth. ABCMR Record of Proceedings AR20150008755 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008755 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2