IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150010945 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: 10 May 2016 DOCKET NUMBER: AR20150010945 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: 10 May 2016 DOCKET NUMBER: AR20150010945 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 . 2. The applicant states at 14 years of age he lied in order to join the Army National Guard. 3. The applicant provides copies of his: * Certificate of Birth * Page one of a court record 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's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the NPRC reconstructed record that primarily consists of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214). 3. The applicant’s DD Form 214 shows: a. He enlisted in the Regular Army on 8 July 1953 and continuously served until he was honorably released from active duty on 11 September 1956, by reason of “Overseas Returnee.” He completed a total of 4 years, 7 months, and 29 days of creditable military service. b. Item 6 (Date of Birth) contains the entry “23 Feb 35” and he authenticated item 34 (Signature of the Person Being Transferred or Discharged) with his signature thereby certifying the information contained thereon. 4. The applicant provides a partially legible Certificate of Birth which appears to show his DOB as . The day and year are not clearly identified on this document. DISCUSSION: 1. The applicant contends his record should be corrected to show his DOB as . There is insufficient evidence to support this claim. 2. The available evidence of record shows he served exclusively using the DOB . 3. For historical purposes, the Army has an interest in maintaining the accuracy 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. While it is understandable the applicant desires to now record his correct DOB in his Army Military Human Resource Record (AMHRR), there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 4. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his AMHRR. 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 his correct DOB 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) AR20150010945 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010945 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2