BOARD DATE: 29 August 2017 DOCKET NUMBER: AR20160002334 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ __x______ _x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 29 August 2017 DOCKET NUMBER: AR20160002334 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: * deleting from item 9 (Date of Birth) the existing entry and adding the date of birth shown on his DD Form 398 and birth certificate * adding to item 30 (Remarks) the entry "B Positive" next to the Blood Group 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to removing the middle name "Frank" from Item 1 (Last Name, First Name, Middle Name) of his DD Form 214. ___________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: 29 August 2017 DOCKET NUMBER: AR20160002334 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 year of birth as vice 1971 * no middle name * his Blood Group: B Positive 2. The applicant states his year of birth is incorrect and he has no middle name. Additionally, the Blood Group has no entry and he is not sure if there was supposed to be one. His year of birth and full name should be accurate. His birth certificate reflects his year of birth as and lists no middle name. 3. The applicant provides his DD Form 214 and birth certificate. 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 underwent an enlistment medical examination at the Armed Forces Examination and Entrance Station on 28 February 1971. His Standard Form 89 (Report of Medical History) and Standard Form 88 (Report of Medical Examination) show: * he listed his full name as "Jo___ Frank Co___" * he listed his date of birth (DOB) as 25 XXX * his Blood Type is not indicated 3. In connection with his enlistment in the U.S. Army Reserve (USAR), the applicant completed a DD Form 398 (Statement of Personal History). He listed his full name (First Name, Middle Name, Last Name) as "Jo___ Frank Co___" and his DOB as 25 XXX . He authenticated this form with his signature using this full name. 4. He enlisted in the USAR for 6 years on 15 March 1971. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his full name as "Jo___ Frank Co___" and his date of birth (DOB) as 25 XXX . He authenticated this form with his signature using this full name. 5. He entered active duty for training (ADT) on 4 June 1971 and completed training for award of military occupational specialty 62D (Asphalt Equipment Operator). 6. He was honorably released from ADT on 3 October 1971. His DD Form 214 shows in: * Item 1 (Last Name, First Name, Middle Name), his middle name "Frank" * Item 9 (DOB), his year of birth as 1971 * Item 30 (Remarks), in part, Blood Group: Blank (however, there is a hand-written entry that reads "B Positive" 7. On 15 January 1977, the applicant signed an Oath of Extension of Enlistment, extending his enlistment in the USAR. He listed his full name as "Jo___ Frank Co___" and signed this oath using this full name. 8. On 29 January 1978, the applicant again signed an Oath of Extension of Enlistment, extending his enlistment in the USAR. He listed his full name as "Jo___ Frank Co___" and signed this oath using this full name. 9. He subsequently served through multiple reenlistments in the USAR. Most of his service records contained the middle name "Frank" or the middle initial "F." Other documents omitted the middle name. 10. He ultimately retired on 25 October 2010. 11. He provides a Certificate of Birth, issued on 28 October 1991, listing the name "Jo___ Co___" (without the middle name "Frank") and the DOB 25 XXX . 12. A review by the Army Review Boards Agency medical advisor of the Joint Legacy Viewer on 11 July 2017 indicated his Blood Type as "B" Positive." REFERENCES: Army Regulation 635-5 (Separation Documents) at the time 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. The instructions for items 1, 9m, and 30 are as follows: * Item 1, enter the last name, first name, and middle name or names if any * Item 9, self-explanatory (enter the date of birth) * Item 30, is used for entries that are too long for their respective blocks; in part, enter blood group from the Immunization Record (Standard Form 601), for example "Blood Group O" DISCUSSION: 1. With respect to the middle name: a. The evidence of record shows the applicant listed his middle name "Frank" upon his enlistment in the USAR in March 1971. This middle name is consistent with the middle name on most official military records throughout his military service. He authenticated several forms that contain this middle name. b. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. c. Absent independent, and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared. A copy of this decisional document will be filed in his military record. This should serve to clarify any questions or confusion regarding the middle name recorded in his military records. 2. With respect to the year of birth, upon his enlistment in the USAR in March 1971, the applicant listed his DOB as 25 XXX . His year of birth is consistently recorded as throughout his military service. However, his DD Form 214 incorrectly reflects his year of birth as 1971 instead of . It appears that an administrative error occurred when his year of birth was entered on the DD Form 214. 3. With respect to the Blood Group, the applicant's records do not reflect his blood type anywhere on his available medical records. His DD Form 214 left this entry blank. However, a review by the Army Review Boards Agency medical advisor indicated his Blood Type is "B Positive." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002334 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002334 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2