BOARD DATE:  15 June 2017

		DOCKET NUMBER:  AR20160000482


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:  15 June 2017

		DOCKET NUMBER:  AR20160000482


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 deleting the current entry in item 10 (Date of Birth) of his DD Form 214 and replacing this entry with the date of birth shown on his Illinois Certificate of Registration 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:  15 June 2017

		DOCKET NUMBER:  AR20160000482


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 to his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 21  1930.

2.  The applicant states his DD Form 214 incorrectly shows his DOB as 31  1930 and should read 21  1930.

3.  The applicant provides copies of his DD Form 214 and an Illinois Certificate of Registration 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's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  Information herein was obtained from documents provided by the applicant.

3.  The applicant's Illinois Certificate of Registration of Birth shows:

* his place of birth as Rockford, Illinois
* his DOB as 21  1930

4.  The applicant's DD Form 214 shows:

* his induction into the Army of the United States on 24 August 1951
* his honorable active duty service from 24 August 1951 through 13 August 1953
* his net active duty service of 1 year, 11 months, and 20 days 
* his foreign service of 1 year, 6 months, and 5 days 
* his place of birth as Rockford 
* his birth date as 31  1930

REFERENCES:

Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.  It is important that the information listed on this form is accurate.

DISCUSSION:

While the applicant's official records appear to have been lost, by comparing the information on his 1953 DD Form 214 with the same information on his birth certificate, it is reasonable to assume that an administrative error occurred in the preparation of his DD Form 214.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953