IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010346 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 IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010346 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 deleting from item 6 of his 1959 DD Form 214 the entry "XX April " and replacing it with his birth date as shown on his DD Form 47. _______ _ _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: 17 May 2016 DOCKET NUMBER: AR20150010346 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 birth year as "1939." 2. The applicant states his DD Form 214 incorrectly shows his birth year as "" due to a typographical error. 3. The applicant provides copies of his DD Form 214, state identification card (ID), and Department of Veterans Affairs (VA) Health ID Card. 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 the cases 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. 2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there was sufficient documentation contained in reconstructed records and those submitted by the applicant for the Board to conduct a fair and impartial review of this case. 3. He enlisted in the Army Reserve on 25 March 1957. His records contain: * DD Form 47 (Enlistment Record – Armed Forces of the United States), dated 5 March 1957, which lists his date of birth (DOB) as XX April 1939 * Standard Form 89 (Report of Medical History), processed on 26 June 1957, which lists his birth year as "1939" 4. He entered active duty for training on 16 August 1958. He was released from active duty training on 15 February 1959 and was transferred to the U.S. Army Reserve. He was credited with completing 6 months of net active service. Item 6 (DOB) of his DD Form 214 lists his birth year as "." 5. He provides a copy of a state ID card, issued on 28 February 2013, which lists his DOB as "XX April 1939." The VA Health ID Card he provides does not list his DOB. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect 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 established the standardized policy for the preparation of the DD Form 214. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated item 6 would list the DOB verified in the Soldier's record. DISCUSSION: The applicant's available military records contain sufficient evidence showing item 6 of his DD Form 214 contains a typographical error pertaining to his birth year. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010346 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010346 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2