BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012688 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 BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012688 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. BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012688 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 service records and DD Form 214 (Report of Separation from Active Duty) to show his birth year as "." 2. The applicant states his military service records and DD Form 214 incorrectly list his birth year as "." His military service and Internal Revenue Service records do not match. 3. The applicant provides his birth certificate, passport, and social security 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 military records contain a DD Form 398 (Statement of Personal History) he completed and signed on 24 January 1972. The form lists his birth year as "." 3. He enlisted in the Regular Army (RA) on 25 January 1972. His DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 25 January 1972, lists his birth year as "." 4. He reenlisted in the RA on 19 October 1972. His DD Form 4 lists his birth year as "." 5. Special Orders Number 145, issued by Headquarters, 82nd Airborne Division, on 16 July 1975, directed his discharge for immediate reenlistment effective 20 July 1975. The orders do not list his date of birth (DOB) 6. He reenlisted in the RA on 21 July 1975. His DD Form 4 lists his birth year as "." 7. His records also contain: * DA Form 41 (Record of Emergency Data), dated 24 March 1977, which lists his birth year as "" * DA Form 2-1 (Personnel Qualification Record – Part II), dated 5 December 1978, which does not list his DOB 8. He was honorably discharged on 3 July 1979. Item 4 (DOB) of his DD Form 214 lists his birth year as "." 9. He provided a Commonwealth of Pennsylvania birth certificate, issued on 22 May 2006, which shows an individual with the same name as the applicant was born on "XX October ." He also provided a passport, issued on 12 February 2008, which lists his DOB as "XX October ," and a social security card that 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 4 would list the DOB verified in the Soldier's record. DISCUSSION: 1. The evidence shows he enlisted and served in the RA with the birth year of "." He executed and signed his DD Form 398 using that birth year and he performed all of his service using this birth year. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the records reflected the information available at the time they were prepared. 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that he now desires to record the birth year he states is correct in his records and on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012688 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012688 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2