BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150015706 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: 9 February 2017 DOCKET NUMBER: AR20150015706 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: 9 February 2017 DOCKET NUMBER: AR20150015706 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 (Report of Separation from the Armed Forces of the United States) to show the year of his birth as "1929" instead of "1928." 2. The applicant states his birth year is incorrectly shown on his DD Form 214. 3. The applicant provides his DD Form 214, DD Form 256A (Honorable Discharge Certificate), and his State of New York Certificate and Record of Birth issued on 2 April 2012. 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. A Standard Form (SF) 89 (Report of Medical History) shows the applicant underwent a pre-induction medical examination on 23 January 1951. This form shows he listed the year of his birth as "1928." 3. The applicant was inducted into the Army of the United States on 21 March 1951. His DD Form 47 (Record of Induction) shows the year of his birth as "1928." 4. The applicant's entire military record, including DA Form 1381 (Retirement and Retention Point record), DA Form 41 (Record of Emergency Data for the United States Army), DA Form 493 (Separation Qualification Record) and an Application for Identification Card, show the year of his birth as "1928." There is no evidence in his available military record that shows he ever listed the year of his birth as "1929." 5. The applicant was released from active duty on 16 March 1953. His DD Form 214 shows the year of his birth as "1928." 6. The applicant provides his State of New York Certificate and Record of Birth, which shows the year of his birth as "1929." The Honorable Discharge Certificate he provides does not show the year of his birth. REFERENCES: Special Regulations 615-360-1 (Separation of Enlisted Personnel), in effect at the time of the applicant's separation, established the standardized policy for preparing and distributing discharge documents. Paragraph 13 (Preparation of Report of Separation from the Armed Forces of the United States) of this regulation provides that all available records will be used as a basis for the preparation of the DD Form 214. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show his year of birth as "1929." 2. The evidence of record shows he listed his year of birth as "1928" throughout his entire period of active service. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion in regard to the difference in the year of birth recorded in his military records and to satisfy his desire to have the birth year listed on his Certificate and Record of Birth documented in his military records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015706 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2