IN THE CASE OF:  

		BOARD DATE:  8 February 2018

		DOCKET NUMBER:  AR20160002999


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.

												
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:  8 February 2018

		DOCKET NUMBER:  AR20160002999


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:SWF	:MWM	:RCH	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:  

		BOARD DATE:  8 February 2018

		DOCKET NUMBER:  AR20160002999


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 date of birth as 
 instead of .  

2.  The applicant states he believes the error must have occurred when he was drafted.  

3.  The applicant provides a copy of his driver’s license, unrestricted concealed handgun license, and Veterans Affairs identification card.

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 to the ABCMR 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.  This case is being considered using his       DD Form 214.

3.  The applicant was inducted into the Army of the United States and entered active duty on 2 August 1951.  He was honorably released from active duty on     10 April 1953 and credited with completing 1 year, 8 months, and 9 days of active duty service.

4.  Item 10 (Date of Birth) of his DD Form 214 shows his date of birth as
. 

5.  A copy of his driver’s license and unrestricted concealed carry handgun license show his DOB as .  His Veterans Affairs identification card does not show a DOB.  

REFERENCES:

Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214.  It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflective of the conditions as they existed at the time of separation.

DISCUSSION:

1.  In view of the fact that his service record is unavailable, there is no way to determine which DOB he used during his period of service.  In the absence of evidence showing otherwise, it must be presumed that the DOB entered on his DD Form 214 was the DOB of record at the time of his separation.  

2.  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 a change to those records.  

3.  The applicant is advised that a copy of this decisional document will be filed in his military personnel records.  This should serve to clarify any questions or confusion regarding the DOB recorded in his military records.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160002999



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



ABCMR Record of Proceedings (cont)	AR20160002999



3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2