BOARD DATE: 29 August 2017 DOCKET NUMBER: AR20160003580 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: 29 August 2017 DOCKET NUMBER: AR20160003580 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 in item 6 of his DD Form 214 and replacing it with the DOB shown on his birth certificate. ______________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: AR20160003580 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 reflect his date of birth (DOB) as 5  19XX instead of 5  19XX. 2. The applicant states his DOB needs correction for official purposes and personal reasons. 3. The applicant provides his birth certificate and his Illinois driver's license. 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 enlisted in the Army National Guard on 18 July 1961. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his DOB as 5  19XX. 3. His records contain the following documents listing his DOB as 5  19XX: * Standard Form 88 (Report of Medical Examination), dated 18 July 1961 * Standard Form 89 (Report of Medical History), dated 18 July 1961 4. A DD Form 214 shows he was ordered to active duty on 28 August 1961 and he was released from active duty on 14  1961. His DD Form 214 for this period does not show his DOB. 5. A DD Form 214 shows he entered active duty 15  1961. 6. His records contain the following documents listing his DOB as 5  19XX: * Standard Form 88 (Report of Medical Examination), dated 10 May 1962 * Standard Form 89 (Report of Medical History), dated 10 May 1962 7. He was honorably released from active duty on 7 August 1962. Item 6 (DOB) of his DD Form 214 shows his DOB as 5  19XX. 7. The birth certificate and Illinois driver's license he provided shows his DOB as 5  19XX. REFERENCES: Army Regulation 635-5 (Separation Forms), 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: The applicant's DD Form 4 and DD Forms 214 record his DOB as 5  19XX, but his SFs 88 and 89, dated 10 May 1962 record his DOB as 5  19XX, which matches the DOB shown on his birth certificate. It appears and error occurred during the preparation of his DD Forms 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003580 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003580 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2