BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160001741 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 BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160001741 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 deleting the current entry in item 5 of his DD Form 214 for the period ending 20 November 1980 and replacing it with the date of birth shown on his Certificate of Live Birth. __________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. BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160001741 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, in effect, correction of his Regular Army and Louisiana Army National Guard (LAARNG) military personnel records by showing his birth year as vice . 2. The applicant states his birth date is incorrectly listed. 3. The applicant provides a copy of his Certificate of Live Birth. 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 only documents found in his available service record which address his Regular Army service are two DD Forms 214 (Certificate of Release or Discharge from Active Duty) for initial active duty for training (IADT) and active duty in support of Operations Desert Shield/Desert Storm. The ABCMR normally limits corrective action to documents that can be individually identified and reviewed, such as the DD Form 214. As such, correction of the applicant's DD Form 214 will be the only form addressed by the Board. 3. With respect to correction of the applicant's ARNG personnel records, to include his National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service): a. His request is premature. Paragraph 2-5, Section II, Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the Board will not consider any application if it determines the applicant has not exhausted all available administrative remedies. b. There is no evidence indicating he submitted a request to the ARNG for correction of those records and he was subsequently denied relief. As an alternative, he can also submit his request for correction to the Chief, National Guard Readiness Center (NGB-ARP-DA), 111 South George Mason Drive, Arlington, VA 22204-1382. There is no evidence he has done so and his request was denied. c. Since he has not exhausted his administrative remedies, the portion of his application related to his ARNG military personnel records will not be discussed further in these proceedings. 4. The applicant enlisted in the LAARNG on 11 June 1980. 5. He entered active duty on 28 July 1980. He completed IADT and he was honorably released to the LAARNG on 20 November 1980. His DD Form 214, item 5 (Date of Birth (DOB)) lists his DOB as 4  . 6. His records contain a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 26 October 1981, which lists his DOB as 4  . 7. On 6 December 1990, he was ordered to active duty in support of Operations Desert Shield/Desert Storm. He served in Southwest Asia for the period 9 February to 12 May 1991. His DD Form 214 lists his DOB as 4  . 8. The applicant was honorably discharged from the LAARNG and transferred to the Retired Reserve on 1 January 2003. Item 7 (DOB) of his NGB Form 22 lists his DOB as 4  . 9. The applicant provides a Certificate of Live Birth that lists his DOB as 4  . REFERENCES: 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: 1. His records contain no orders or evidence of his DOB prior to his IADT. Upon his release from IADT on 20 November 1980, his DD Form 214 listed his DOB as 4  . 2. However, his DOB appears as 4  on his DD Form 4 for entry into the LAARNG on 26 October 1981 and a subsequent DD Form 214 lists his DOB as he requests. In addition, the applicant provided a Certificate of Live Birth which confirms his DOB as 4  . It is reasonable to conclude an administrative error occurred during the preparation of his initial DD Form 214 ending 20 November 1980. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001741 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001741 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2