IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010656 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 IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010656 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. IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010656 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as . 2. The applicant states his DD Form 214 listed his DOB as while his birth certificate listed his DOB as . 3. The applicant provides his DD Form 214 and 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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as . He authenticated this form by placing his signature in the appropriate block. 3. He was inducted into the AUS on 14 February 1966. Item 5 (DOB) of his DD Form 47 (Induction Record) lists his DOB as . 4. His DA Form 20 (Enlisted Qualification Record) which the Army created upon his induction lists his DOB as . He reviewed this form later and placed his signature in the appropriate block. 5. His official record contains various documents, including an Armed Forces Fingerprint Card, a DA Form 3027WS (U.S. Army Request for National Agency Check), a DA Form 41 (Record of Emergency Data), and several other documents that list his DOB as . He authenticated some of these documents when required by placing his signature in the appropriate block. 6. He was honorably released from active duty on 25 January 1968. Item 9 (DOB) of his DD Form 214 lists his DOB as . He authenticated this form by placing his signature in the appropriate block. 7. He submitted a copy of his birth certificate that shows his DOB as . REFERENCE: Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that 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 should be complete and accurate. DISCUSSION: 1. The applicant listed his DOB of upon induction into the AUS. He and the Army consistently used this DOB throughout his period of military service. He authenticated several documents in his record by placing his signature in the appropriate block indicating this was his correct DOB. The applicant presents a birth certificate showing a different date than the one documented in his military records. 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. There is a reluctance to recommend a change to those records. While it is understandable that the applicant desires to now record the requested DOB in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 3. Absent convincing, independent, and verifiable evidence to the contrary, there is a presumption that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to support changing his record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010656 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010656 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2