BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003791 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: 26 September 2017 DOCKET NUMBER: AR20160003791 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 item 9 of his 22 February 1972 DD Form 214 and item 4 of his 19 February 1975 DD Form 214 to show his date of birth as it is shown on his DD Form 47 and certificate of birth. _____________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: AR20160003791 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 correct date of birth (DOB). 2. The applicant states the DOB on his two DD Forms 214 (Armed Forces of the United States Report of Separation or Transfer) contain typographical errors. 3. The applicant provides a copy of his certificate 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. A Standard Form 88 (Report of Medical Examination), prepared for the purpose of the applicant's pre-induction examination on 9 July 1970, shows in item 12 (DOB) the entry XX . 3. The applicant was inducted into the Army of the United States on 10 July 1970. His DD Form 47 (Record of Induction) shows in item 5 (DOB) the entry XX . 4. He was honorably released from active duty on 22 February 1972 and transferred to the United States Army Reserve (USAR). His DD Form 214 shows in item 9 (DOB) the entry XX July 1950. 5. The applicant enlisted in the Regular Army on 15 September 1972. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows in item 21 (DOB) the entry XX July 1950. 6. He was honorably discharged on 19 February 1975. His DD Form 214 shows in item 4 (DOB) the entry XX July 1950. 7. The applicant provides a copy of State of Indiana, Monroe County Health Department, Certificate of Birth, issued on 13 July 2007, showing his DOB as XX . REFERENCES: Army Regulation 635-5 (Separation Documents) in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. a. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Therefore, it is important that the information entered thereon is complete and accurate as of that date. b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214. It stated that all available records would be used as a basis for preparation of the DD Form 214. The instructions for item 9 (DOB) stated "self-explanatory." DISCUSSION: 1. The applicant's certificate of birth issued on shows a DOB of XX . His Standard Form 88 and DD Form 47 show the same DOB; however, the applicants two DD Forms 214 and DD Form 4 show two different dates. 2. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is reasonable to conclude that an administrative error occurred when the applicant’s DOB was recorded on his two DD Forms 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003791 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003791 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2