IN THE CASE OF: 

		BOARD DATE:	    10 April 2014

		DOCKET NUMBER:  AR20130013442 


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 date of birth (DOB) as XX August  instead of XX August .

2.  The applicant states he lied about his age to get into the Army at the time. 

3.  The applicant provides a Certificate of Birth and a General Discharge 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.  The applicant's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 5 December 1955.  His DD Form 398 (Statement of Personal History) and/or his DD Form 4 (Enlistment Record) which would have shown the DOB the applicant recorded at the time of his enlistment are not available for review with this case.

4.  He was discharged on 9 June 1958.  Item 6 (DOB) of his DD Form 214 shows the entry "XX AUG 38 (XX August )." 

5.  He submitted a General Discharge Certificate which contains no DOB and a Certificate of Birth that shows an individual with the same name as the applicant was born on XX August . 

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's available records are void of his enlistment document that would show the DOB he recorded upon entry into military service.  The only available military document is the DD Form 214.  This document shows his DOB as XX August , and it appears he admits that he did not give his correct DOB when he enlisted.  In the absence of compelling information to the contrary there is an insufficient basis for changing the applicant's DOB on that form.

2.  Nevertheless, a copy of this decisional document will be filed in the applicant's official military records.  This should serve to clarify any questions or confusion regarding the different DOB's and adequately document the requested DOB in his records.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ______ _   _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)                                         AR20130013442



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ABCMR Record of Proceedings (cont)                                         AR20130013442



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