BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160001883 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: 26 September 2017 DOCKET NUMBER: AR20160001883 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: 26 September 2017 DOCKET NUMBER: AR20160001883 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her date of birth (DOB) as 26 . 2. The applicant states that the recruiter did a telephonic verification of her DOB because her birth certificate was thought to be lost. 3. The applicant provides: * Passport * DD Form 214 * Certificate of Birth * social security card * Request Pertaining to Military Records 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 enlisted in the Regular Army on 23 August 1983. Item 7 (DOB) of her DD Form 4 (Enlistment / Reenlistment Document - Armed Forces of the United States) shows her DOB as 10 . Her parents certified the applicant’s DOB in Section IX (Parental/Guardian Consent for Enlistment) of this form as 10 . 3. She was released from active duty on 23 June 1986. Item 5 (DOB) of her DD Form 214 shows her DOB as 10 . 4. A review of documents contained in her military personnel record shows her DOB appears as 10 on all documents that require a DOB entry. 5. She provided a copy of her Certificate of Birth and Passport, which show her DOB as 26 . REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form be complete and accurate. It states for item 5 to enter the date using a six-digit number written in year, month, and day sequence without spaces or slashes, e.g., 420106 for 6 January 1942. DISCUSSION: 1. A review of her records revealed no evidence indicating the DOB shown on her birth certificate was recorded as her DOB during her military service. The evidence of record shows she enlisted and served using 26 as her DOB. 2. For historical purposes, the Army has an interest in maintaining the accuracy 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. 3. The applicant is advised that a copy of this decisional document will be filed in her military personnel records. This should serve to clarify any questions or confusion regarding the difference in DOB recorded in her military records and the DOB shown on her 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) AR20160001883 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001883 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2