IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150006539 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 the date of birth (DOB) recorded in his military records. 2. The applicant states that his DOB is "3 XXXX" not "2 XXXX." 3. The applicant provides a copy of his birth certificate and DD Form 214 (Report of Separation from Active Duty). 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 service 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 the applicant's records were lost or destroyed in that fire. However, the copies of the birth certificate and the DD Form 214 that he provides are sufficient for the Board to conduct a fair and impartial review of this case. 3. A State of Alabama, Bureau of Vital Statistics, State Board of Health, Center for Health Statistics, Certificate of Live Birth, shows "Fredie Lee S____" was born on " 3, XXXX." It lists "Willie Lee S____" as the father and "Ella Louise H____" as the mother. 4. A review of the DD Form 214 shows "Frederick Lee F____" enlisted in the Army National Guard (ARNG) of the United States on 19 May 1976 for a period of 6 years. He entered active duty for training (ADT) on 5 December 1976, was honorably released from ADT on 31 March 1977, and transferred to the Indiana ARNG to complete his remaining service obligation. It also shows in – * item 4 (DOB):  "XX 08 02" [2 XXXX] * item 34 (Signature of Person Being Separated), is signed 5. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Chapter 2, Section II (Preparation of DD Form 214), contains item-by-item instructions for completing the DD Form 214. The instructions for item 4 show, enter date in order shown, using all numerals. DISCUSSION AND CONCLUSIONS: 1. The military service records pertaining to the former service member that is under review are not available to the Board. 2. The applicant provides a Certificate of Live Birth that shows "Fredie Lee S____" was born on "3 XXXX." He also provides a DD Form 214 that shows "Frederick Lee F____" was born on "2 XXXX." 3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. 4. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant offers insufficient evidence to warrant a change of the DOB in the official military service records because there is inconsistency in the named identity of the applicant vis-à-vis that of the former service member. 5. In view of the foregoing, there is no basis for granting the requested relief. 6. A copy of this Record of Proceedings will be filed in the former service member's official military personnel file so this record concerning a request for correction of the DOB will be available. 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) AR20150006539 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006539 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1