BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160001763 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: 31 August 2017 DOCKET NUMBER: AR20160001763 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 from item 9 (Date of Birth (DOB)) of his DD Form 214 and replacing it with the DOB shown on his Certificate of Live 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: 31 August 2017 DOCKET NUMBER: AR20160001763 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) by showing his date of birth (DOB) as "5 XXXXXXXX XXXX" instead of "2 XXXXXXXX XXXX." 2. The applicant states, in effect, his DOB is incorrectly listed. 3. The applicant provides a Certificate of Live Birth, his DD Form 214, and an Affidavit for Correction. 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 enlistment contract is not available for review; however, evidence shows he enlisted in the Washington Army National Guard (WAARNG) on 26 October 1970. 3. Standard Form (SF) 88 (Report of Medical Examination), dated 28 October 1970, lists his DOB as "2 XXX XX." 4. The applicant was ordered to active duty training on 23 April 1971. His SF 88 and SF 89 (Report of Medical History), dated 26 August 1971, lists his DOB as "5 XXX XX." 5. On 7 September 1971, he was honorably released from active duty and transferred back to the WAARNG. Item 9 (DOB) of the DD Form 214 he was issued lists his DOB as "2 XXX XX." 6. The applicant was discharged from the WAARNG on 10 January 1974. Item 10 (DOB) of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) lists his DOB as "5 XXX XX." 7. The applicant provides a Certificate of Live Birth, which lists his DOB as "5 XXXXXXXX XXXX." REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, established 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: The applicant's enlistment contract was not available for review; however, the available evidence shows his DOB was incorrectly recorded on his initial SF 88 shortly after his enlistment in the WAARNG. Subsequent SFs 88 and 89 as well as his NGB Form 22 and Certificate of Live Birth correctly lists his day of birth as the 5th. It appears that an administrative error occurred during the preparation of his DD Form 214, which resulted in the incorrect entry of his day of birth. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001763 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001763 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2