BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160003531 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: 14 September 2017 DOCKET NUMBER: AR20160003531 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 for the period ending 29 May 1986 to show the date of birth recorded on the Certificate of Birth he provided. ___________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: 14 September 2017 DOCKET NUMBER: AR20160003531 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 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 May 1986 to show the year of his date of birth (DOB) as . 2. The applicant states he lied about his age so he could get off the rough streets of Detroit. He stated he was born in 1964 but his actual DOB is in . He is now a homeless veteran and he is in serious need of housing. He is working with the Department of Veterans Affairs (VA) in the Bronx and they have told him he needs a corrected DD Form 214 with his correct DOB before they can continue assisting him with housing. He served 3 years active duty and 3 years in the Michigan Army National Guard (MIARNG). 3. The applicant provides: * his Certification of Birth, City of New York, issued on 15 January 2016 * DD Form 214 * a letter, dated 18 May 2015, from the VA 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. On 16 August 1982, the applicant enlisted in the Army Reserve Delayed Entry/Enlistment Program (DEP) with parental consent. His DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his DOB as . Based on this DOB, he was 17 years of age. 3. The applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States) provides the following information. a. Section V - Certifications indicates a DD Form 372 (Application for Verification of Birth for Official U.S. Armed Forces Use Only) was used to verify his age. This form was not located in his Military Personnel Records Jacket (MPRJ). b. Section IX - Parental/Guardian Consent for Enlistment of his DD Form 1966 shows the applicant's parents consented to his enlistment and certified his DOB was . 4. On 1 July 1983, he enlisted in the Regular Army for 3 years. Based on his DOB in , he was 18 years of age. 5. A DA Form 873 (Certificate of Clearance and/or Security Determination), dated 23 October 1983, granted the applicant a secret security clearance. His DOB shown on this form is 17 October 1964. 6. On 29 May 1986, the applicant was released from active duty. His DD Form 214 shows his DOB as as shown on his enlistment documents. 7. The applicant enlisted in the MIARNG in June 1986. A DD Form 214 for the period 23 November 1986 - 1 April 1987 was issued for his completion of training. The DD Form 214 shows his DOB as . 8. A DD Form 1966, dated 30 November 1987, shows the applicant's DOB as . According to Section V, his DOB was verified using his birth certificate. A Certificate of Birth, City of New York, filed on 19 October 1965, shows the applicant's DOB as . 9. A DD Form 398 (Personnel Security Questionnaire), signed by the applicant on 30 November 1987, shows his DOB as 10. The applicant provided a Certification of Birth, City of New York, Vital Records Certificate, issued on 15 January 2016. This certificate shows his DOB as . REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was 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 was important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION: 1. The applicant's DOB was verified at the time he enlisted into DEP using a DD Form 372. In addition, his parents gave consent for him to enlist and certified his DOB as being . 2. The applicant then joined the MIARNG and completed a period of active duty for training. His DD Form 214 shows his DOB as . 3. It wasn't until 30 November 1987 that the applicant's DOB was entered using the year 1965 on a DD Form 1966. However, a DD Form 398, signed by the applicant on 30 November 1987, shows his DOB as 17 October 1964. 4. 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 a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 5. The applicant is advised that a copy of this decisional document will be filed in his MPRJ. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his MPRJ and the DOB listed on his birth certificate and to satisfy his desire to have the DOB listed on his birth certificate documented in his MPRJ. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003531 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003531 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2