BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160000796 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 BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160000796 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 to show his date of birth as recorded on his birth certificate. ______________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: 6 July 2017 DOCKET NUMBER: AR20160000796 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 date of birth (DOB) as . 2. The applicant states the birthdate as listed on his DD Form 214 should reflect instead of . 3. The applicant provides: * DD Form 214 * birth certificate * two self-authored statements 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's military records include a Standard Form 88 (Report of Medical Examination), dated 4 March 1965, and a DD Form 398 (Statement of Personnel History), dated 19 June 1965, both prepared during his induction processing. Both documents show his DOB as . 3. The DD Form 47 (Record of Induction) prepared during his induction processing contains the entry "5 Feb 44" in item 9 (DOB). On 22 June 1965, he was inducted into the Army of the United States. 4. The DA Form 20 (Enlisted Qualification Record) prepared upon the applicant's entry on active duty contains the following two entries in item 6 (DOB). * 5 Jan 44 (this entry is lined through) * 5 Feb 44 5. On 30 January 1968, the applicant was released from active duty after completing 2 years, 7 months, and 9 days of creditable active service. His DD Form 214 lists his DOB as . 6. The applicant provided a copy of his birth certificate which shows his DOB as . REFERENCES: Army Regulation 635-5 (Separation Documents) in effect at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the active Army. Paragraph 2-4 contained item-by-item instructions for completion of the DD Form 214. It stated item 6 would contain the DOB taken from the Soldier's personnel record. DISCUSSION: 1. Upon his induction, the applicant listed his DOB as on both his Standard Form 88 and his DD Form 398. This SSN is consistent with the SSN shown on his birth certificate. 2. The applicant's records contains some documents that list his DOB as 5 January 1944 and other documents that list his DOB as . 3. It appears that an administrative error occurred and remained a part of the applicant's records until his release from active duty which resulted in an incorrect DOB on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000796 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000796 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2