BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160003514 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: 19 September 2017 DOCKET NUMBER: AR20160003514 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: 19 September 2017 DOCKET NUMBER: AR20160003514 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 records to reflect his date of birth (DOB) as XX  instead of XX . 2. The applicant states his DOB needs correction to apply for benefits. 3. The applicant provides a State of Maryland Department of Health and Mental Hygiene, Division of Vital Records, Certificate of Live Birth, dated 29 February 2008. 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 was inducted into the Army of the United States on 9 April 1968. His DD Form 47 (Record of Induction) shows his DOB as XX . 3. His records contain the following documents listing his DOB as XX : * Standard Form 88 (Report of Medical Examination), dated 10 February 1970 * Standard Form 89 (Report of Medical History), dated 10 February 1970 * 6th Armored Cavalry Regiment Form 17 (Confidential Clearance Certificate), dated 12 February 1970 * DD Form 1584 (National Agency Check Request), dated 20 May 1968 * DA Form 20 (Enlisted Qualification Record) * Standard Form 600 (Chronological Record of Medical Care), dated 19 June 1970 4. On 8 April 1970, he was honorably released from active duty. Item 9 (DOB) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his DOB as XX . 5. There are no documents in his military records showing his DOB as XX . 6. The State of Maryland Department of Health and Mental Hygiene, Division of Vital Records, Certificate of Live Birth, dated 29 February 2008, he provided shows his DOB as XX . REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. DISCUSSION: 1. There is no evidence the DOB shown on his birth certificate, XX , was ever recorded in his military records. 2. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that the DOB shown on his DD Form 214 was appropriately derived from his service records at the time of preparation. 3. The applicant is advised that a copy of this decisional document which confirms the DOB shown on his birth certificate will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the requested DOB documented in his military records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003514 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003514 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2