BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002672 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 BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002672 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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002672 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as XX . 2. The applicant states that his correct DOB is XX . 3. The applicant provides a "certified copy" of his DD Form 214 (partial copy) and his 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’s military records are not available for review in this case. This case is being considered using the documents provided by the applicant. 3. The applicant provided a DD Form 214 showing he enlisted in the Regular Army on 11 January 1956, but his date of discharge is not listed. He indicates on his application that he was discharged on 13 July 1957. His DD Form 214 shows his DOB as XX . 4. The applicant's birth certificate shows his DOB as XX . REFERENCES: Army Regulation 635-5 (Separation Documents) in effect at the time provided guidance on the preparation of the DD Form 214. This regulation stated that item 6 of the DD Form 214 will contain the DOB. DISCUSSION: 1. The applicant's birth certificate shows his DOB as XX . However, the DOB entered on his DD Form 214 shows his DOB as XX . Unfortunately, without additional military records listing his DOB, such as his enlistment contract, DD Form 398 (Statement of Personal History) or DA Form 20 (Enlisted Qualification Record), it cannot be determined what DOB he provided upon enlistment. Generally, in these circumstances, the Board presumes that what the Army did was correct, i.e., that the DD Form 214 reflects the information available in the record at the time. 2. 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 of records creation. In the absence of a showing of material error or injustice, there is a reluctance to recommend a change to those records. 3. A copy of this decisional document will be filed in the applicant's official military personnel file (OMPF). This should serve to clarify any questions or justify any confusion regarding the difference in the DOB recorded in his military record and to satisfy his desire to have the correct DOB documented in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002672 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002672 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2