BOARD DATE:	  7 February 20

		DOCKET NUMBER:  AR20110015418 


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) for the period ending 17 April 2004 to show his date of birth (DOB) as  November .

2.  The applicant states his correct DOB is  November .

3.  The applicant provides his DD Form 214 for the period ending 17 April 2004.

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 Georgia Army National Guard (GAARNG) on
13 September 1985 for a period of 8 years.  His enlistment contract shows he 


was born on  November .  He was ordered to active duty for training on 16 May 1986 and he was released from active duty on 29 August 1986.  Item 5 (DOB) of the DD Form 214 he was issued at the time show his DOB as
 November .

3.  He was honorably discharged from the GAARNG on  September 2001.

4.  On 24 February 2003, he was ordered to active duty in support of Operation Enduring Freedom.  He served in Kuwait/Iraq from 11 March 2003 to 16 March 2004.  On 17 April 2004, he was honorably released from active duty.  The DD form 214 he was issued at the time shows in item 5 he was born on
 September 1956.

5.  All of his service personnel records show his DOB as  November .

6.  He was placed in the Retired Reserve on 1 May 2010.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born on  November .  All of his service personnel records show he was born on  November .

2.  Based on the foregoing, it would be appropriate at this time to correct item 5 of his DD Form 214 for the period ending 17 April 2004 to show his DOB as 
 November .

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 


deleting the current entry in item 5 of his DD Form 214 for the period ending
17 April 2004 and replacing it with the entry “11.”



      _________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)                                         AR20110015418



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ABCMR Record of Proceedings (cont)                                         AR20110015418



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