BOARD DATE:  6 June 2018

		DOCKET NUMBER:  AR20160014210


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:  6 June 2018

		DOCKET NUMBER:  AR20160014210


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 and Army National Guard records of the individual concerned be corrected by deleting the date of birth listed on his NGB Form 22 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:  6 June 2018

		DOCKET NUMBER:  AR20160014210


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 military records to show his date of birth (DOB) as .
 
2.  The applicant states, in effect, his DOB is incorrectly documented on various documents in his military records to include his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

3.  The applicant provides:

* Standard Form 88 (Report of Medical Examination)
* United States of America Certification of Military Service
* Certificate of Live Birth
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)

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.  His DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) in which he enlisted in the Army National Guard of the United States on 26 July 1979, lists his DOB as .

3.  His records contain a Defense Investigative Service (DIS) Form 1 dated          12 December 1979, lists the applicant's DOB as .

4.  The Army National Guard of Mississippi discharged him from service on         9 April 1984.  Item 7 (DOB) of his NGB Form 22 shows .  There is no evidence of prior active duty service.  His available records do not contain a DD Form 214.

5.  The applicant provides a copy of his Certificate of Live Birth which lists his DOB as . 

REFERENCES:

Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION:

The applicant's DIS Form 1 lists his DOB as.  This DOB is consistent with the DOB listed on the Certificate of Live Birth he provided.  His records do not contain a DD Form 214; however, it appears an administrative error occurred with regard to his DOB during the preparation of his                  NGB Form 22.  
//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953