IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150010238 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X__ ____X___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150010238 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150010238 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 military records to show his date of birth (DOB) as vice . 2. The applicant states the error was made at the time of his induction during the Korean War and continued throughout his retirement in 1972. He spoke little English at the time and the clerk did not type the DOB correctly. 3. The applicant provides his retirement DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a birth 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 was inducted into the Army of the United States on 16 January 1951. His Record of Induction listed his DOB as . All personnel and medical records related to this induction listed a similar DOB. 3. He was honorably separated on 7 February 1853. His DD Form 214 (Report of Separation from the Armed Forces of the United States) listed his DOB as 25 July 1929. 4. He enlisted in the Regular Army on 17 March 1954. His Enlistment Record listed his DOB as . He reenlisted multiple times and each of his reenlistment contracts listed his DOB as . 5. He was also issued multiple separation documents (DD Forms 214), each listing his DOB as . Other documents in his records, including insurance, emergency data, personnel, medical, and finance documents listed a similar DOB. 6. He retired on 30 Jun 1972. Item 9 (DOB) of his retirement DD Form 214 listed his DOB as . 7. He provides a birth certificate, issued on 23 December 2013 listing an individual with a similar name and with the DOB listed as . REFERENCE: Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION: 1. The evidence of record shows the applicant consistently used the DOB of 25 July 1929 from induction in 1951 through retirement in 1972. This is the DOB he used during the entire time of his military service. He authenticated several documents that contain this DOB. He never used the requested DOB at any time during his military service. 2. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understood that he desires to now record a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 3. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records including the DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing his DOB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010238 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010238 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2