BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003703 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: 26 September 2017 DOCKET NUMBER: AR20160003703 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: 26 September 2017 DOCKET NUMBER: AR20160003703 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 (DOB) as 29  19XX instead of 12  19XX. 2. The applicant states he was born on 29  19XX. He needs his DD Form 214 to show the correct DOB because he is being denied dental insurance. 3. The applicant provides: * birth certificate * DD Form 214 for the period ending 10 September 1965 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 11 July 1962. His DD Form 47 (Record of Induction) shows his DOB as 12  19XX. 3. On 12 September 1962, he was honorably discharged for immediate enlistment in the Regular Army. Item 6 (DOB) of his DD Form 214 for the period ending 12 September 1962 shows his DOB as 12  19XX. 4. He enlisted in the Regular Army on 13 September 1962 for a period of 3 years. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his DOB as 12  19XX and he affixed his initials to this block. 5. On 10 September 1965, he was honorably released from active duty. Item 6 of his DD Form 214 for the period ending 10 September 1965 shows his DOB as 12  19XX. 6. His DA Form 20 (Enlisted Qualification Record) and all of his service personnel records show his DOB as 12  19XX. 7. He provided a copy of his birth certificate showing his DOB as 29  19XX. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon 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 it is of paramount importance that the information entered on the DD Form 214 be complete, accurate, and in accordance with authorized entries. The DA Form 20 and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing the DD Form 214 Worksheet. However, personnel officers should review all available documents. DISCUSSION: 1. The applicant contends the DOB shown on his DD Form 214 is incorrect. 2. Although the birth certificate he provided shows his DOB as 29  19XX, the evidence of record shows he reported his DOB as 12  19XX at the time of his induction in July 1962 and again when he enlisted in the Regular Army in September 1962. 3. All of his service personnel records, including his DD Forms 214, show his DOB as 12  19XX. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003703 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003703 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2