BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001698 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: 1 June 2017 DOCKET NUMBER: AR20160001698 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: 1 June 2017 DOCKET NUMBER: AR20160001698 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 records to show his date of birth (DOB) as XX instead of XX . 2. The applicant states, in effect, an incorrect DOB was recorded. He wants to correct the DOB recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 3. The applicant provides copies of his DD Form 214, social security card, and State of Tennessee Certificate of Live Birth. 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 was inducted into the Army of the United States on 2 1962. A DD Form 47 (Record of Induction) shows his DOB was listed as XX . He authenticated this form with his signature. 3. The applicant was discharged on 9 March 1962. His DD Form 214 shows his DOB was listed as XX . 4. The applicant enlisted in the Regular Army on 10 March 1962. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his DOB was listed as XX . He authenticated the form with his signature. 5. The applicant was discharged on 9 March 1965. His DD Form 214 shows his DOB was listed as XX . He authenticated the form with his signature. 6. The applicant's available record is void of any evidence that shows he listed his DOB as XX during his period of active military service. He consistently represented his DOB as XX throughout his record. 7. The applicant provides his State of Tennessee Certificate of Live Birth, dated 31 , which shows his DOB as XX . REFERENCES: Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation. DISCUSSION: 1. The applicant's available record shows he listed his DOB as XX throughout his period of active military service. His record is void of any evidence that shows he listed his DOB as XX during his period of active military service. 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 evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 3. Lacking convincing independent and verifiable evidence that shows the requested DOB was used during his period of active service, it is presumed his military service records, including the DD Form 214, were correct as prepared based on the information available at the time. 4. A copy of this Record of Proceedings will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the DOB he contends is correct documented in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002022 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001698 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2