BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160003558 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: 15 August 2017 DOCKET NUMBER: AR20160003558 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: 15 August 2017 DOCKET NUMBER: AR20160003558 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 record to show his date of birth (DOB) as 13 19XX instead of 21 19XX. 2. The applicant states the wrong DOB is listed 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 * Certification of 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 16 1968 and he served until he was honorably released from active duty (REFRAD) on 9 1970. The DD Form 47 (Record of Induction) prepared at the time of his induction shows in item 5 (DOB) the entry "21 Feb XX." 3. The applicant’s DD Form 214 prepared upon his REFRAD contains the entry "21 Feb XX" in item 9 (DOB). All of the documents in his record which include his DOB list it as 21 19XX. 4. The applicant provides a copy of his Certificate of Birth reissued on 11 April 2001. It list his DOB as 13 19XX. DISCUSSION: 1. The available evidence of record shows he entered military service and served exclusively using the DOB of 21 19XX. 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 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, which confirms his correct DOB, will be filed in his record. This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have the DOB shown on his certificate of birth documented in those records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003558 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003558 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2