BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20160001403 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: 27 April 2017 DOCKET NUMBER: AR20160001403 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 amending item 4 (Date of Birth) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 13 March 1976 and item 4 of his NGB Form 22 (Report of Separation and Record of Service) for the period ending 5 September 1981 to show his date of birth as recorded on his Texas 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. BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20160001403 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 item 4 (Date of Birth (DOB)) on his DD Form 214 (Report of Separation from Active Duty) and item 4 (DOB) of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), 2. The applicant states, in effect, his two separation documents are incorrect. His DOB is 14 19XX. 3. The applicant provides: * DD Form 214 for the period ending 13 March 1976 * birth certificate * NGB Form 22 for the period ending 5 September 1981 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's records are not available for review. An exhaustive search was undertaken to locate his military records, which are necessary for the processing of his application. Unfortunately, they could not be found. However, he provides sufficient documents (DD Form 214 and NGB Form 22) sufficient for the Board to conduct a fair and impartial review of this case. 3. His NGB Form 22 indicates he enlisted in the Texas Army National Guard on 5 September 1975. 4. His DD Form 214 shows he entered active duty for training on 21 November 1975. He was honorably released from active duty on 13 March 1976, due to completion of required service. His DD Form 214 also shows he completed 3 months and 23 days of net active creditable service. The entry in item 4 shows "NA" (not applicable). 5. The applicant provides a birth certificate showing his DOB as 14 19XX. The NGB Form 22 he provides shows his DOB as 6 19XX. REFERENCES: 1. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. Source documents included the DA Form 2-1 (Personnel Qualification Record - Part II) as well as enlistment/reenlistment documents and orders. The DOB to be shown on the DD Form 214 was to be taken from these source documents. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's military personnel service records are not available for review, but he provides his NGB Form 22, as well as a birth certificate. It is apparent his DD Form 214 inadvertently omitted his DOB when it was prepared by government officials, while his NGB Form 22 shows a different date than the date shown on his birth certificate. There is a discrepancy in both separation documents pertaining to his DOB, which undermines the presumption of regularity that would normally apply. 2. It is obvious that "NA" was not an appropriate entry in the DOB block on the DD Form 214. There are no records available that would explain that entry. The evidence would support a recommendation to correct his DD Form 214 to show the DOB shown on his birth certificate. A recommendation to correct the DD Form 214 would further form a basis for correcting the NGB Form 22 in the interest on continuity. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001403 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001403 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2