BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160000961 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: 25 May 2017 DOCKET NUMBER: AR20160000961 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: 25 May 2017 DOCKET NUMBER: AR20160000961 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 records to show his correct date of birth as 28 November 1933. 2. The applicant states he always believed he was born on the 27th of November 1933. However, he recently requested a copy of his birth certificate and discovered he was actually born one day later. 3. The applicant provides: * DD Form 214 (Report of Separation from the Armed Forces of the United States), effective 13 May 1955 * Certified Copy of Birth Register issued on 6 March 1978 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 are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 3. A review of the applicant's DD Form 214 revealed that he was inducted into the Army of the United States on 26 May 1953. His date of birth is shown as 27 November 1933. He was released from active duty service on 13 May 1955 with an honorable characterization of service. There are no other service records available for review. 4. The Certified Copy of Birth Register he provides shows his date of birth as 28 November 1933. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, required the date of birth to be entered on the DD Form 214. DISCUSSION: 1. The applicant contends that his DD Form 214 effective 13 May 1955 should be corrected to show his date of birth as 28 November 1933 because he only recently discovered he was using the wrong day of the month. 2. The only service record available is his DD Form 214, which shows his date of birth as 27 November 1933. In his application he states he always believed 27 November to be his date of birth until he recently requested a copy of his birth certificate. Based on this statement, it is reasonable to presume that he provided that date as his date of birth when he was inducted and continued to use that date of birth throughout his service. 3. 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 official military personnel file. This should serve to clarify any questions or confusion in regard to the date of birth he used while on active duty. This action should satisfy the applicant's desire to have the birth date listed on his birth certificate documented in his record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000961 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000961 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2