BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010058 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: 5 May 2016 DOCKET NUMBER: AR20150010058 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 issuing a DD Form 215 deleting from item 9 of his DD Form 214 the current entry and replacing it with the date of birth that is shown on his DD Form 4, dated 29 November 1968. ___________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: 5 May 2016 DOCKET NUMBER: AR20150010058 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 the year recorded in item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge). 2. The applicant states that the year of his DOB is "" (not ""). 3. The applicant provides copies of his birth certificate and DD Form 214. 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 DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 29 November 1968. Item 21 (DOB), in pertinent part, shows the entry, "50" (i.e., ). 3. The applicant's DD Form 214 shows he was honorably released from active duty on 16 October 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement). It also shows in item 9, in pertinent part, the entry, "48" (i.e., ). 4. In support of his application the applicant provides a copy of a State of Maine, Department of Health and Human Services, Certification of Vital Record, Certified Abstract of a Certificate of Live Birth, that shows, in pertinent part, the applicant was born in the year "." REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states that all available records will be used as a basis for the preparation of the DD Form 214, including enlistment documents, the Enlisted/Officer Qualification Record, and orders. b. The instructions for item 9 show, "self-explanatory." DISCUSSION: The evidence of record shows the applicant's DOB was correctly recorded in his military service records when he enlisted in the Regular Army. It appears an administrative error was made (i.e., pertaining to the year of birth) at the time that his DD Form 214 was prepared to release him from active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010058 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010058 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2