IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150016901 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: 4 April 2017 DOCKET NUMBER: AR20150016901 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: 4 April 2017 DOCKET NUMBER: AR20150016901 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, in effect, correction of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show his date of birth (DOB) as a date in instead of . 2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) [sic, NGB Form 22] and his birth certificate do not reflect the same DOB. 3. The applicant provides a Certificate of Birth, an NGB Form 23 (Retirement Credits Record), and an NGB Form 22. 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. There was a fire at the National Personnel Records Center (NPRC) on 12 July 1973. The fire destroyed the major portion of the records of Army military personnel for the period 1912 through 1959. NPRC believes the applicant’s records were lost or destroyed in that fire. Fortunately, there are alternative records sources that often contain information, which NPRC uses to reconstruct service record data. The majority of the applicant's records are not available for review. However, the applicant provided sufficient documents to conduct a fair and impartial review of this case. 3. The applicant provided a certificate of birth, which lists the name reflected on his application to this Board, which shows his DOB as a date in . 4. The applicant provides an NGB Form 23; however, this document does not show his DOB. This form indicates he had enlisted Reserve service from at least 22 February 1956 to 12 May 1958. However, it is unclear whether he was serving in the Army National Guard or in a U.S. Army Reserve (USAR) unit during this period. 5. The applicant provided an NGB Form 22 showing he enlisted in the Kentucky Army National Guard (KYARNG) on 12 May 1958 and was honorably released to complete his remaining service obligation in the USAR on 21 February 1959. His NGB Form 22 shows his DOB as a date in . 6. The available evidence does not include a DD Form 214. REFERENCES: The current version of National Guard Regulation 600-200 (Enlisted Personnel Management), chapter 8 (Enlisted Separations) sets policies, standards, and procedures for the separation of enlisted personnel from the ARNG. Table 8-2 provides the instructions for the preparation of the NGB Form 22. It states for Item 7 (DOB), the instructions are "self-explanatory." DISCUSSION: 1. The applicant provided a certificate of birth showing he was born in . 2. Unfortunately, his enlistment documents are not available for review with this case. It is unclear what DOB he used upon entering military service. However, the NGB Form 22 he provided shows his DOB as a date in . In the absence of his military records or at least enlistment documents, it must be presumed that the DOB shown on his NGB Form 22 was the date taken from his records. 3. For historical purposes, the Army has an interest in maintaining the integrity of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records, including the NGB Form 22, were correct at the time they were created. 4. A copy of this decisional document will be filed in his service record in order to provide clarity and deal with any confusion that may arise regarding the different DOB recorded on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016901 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016901 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2