IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160003955 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 IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160003955 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 to amend the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20140000951 on 28 August 2014. _____________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. IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160003955 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 reconsideration of his prior request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his date of birth (DOB) as XX  in lieu of XX  1947. 2. The applicant states: a. He is enclosing a copy of his birth certificate as well as a notarized copy of the English language translation so his DD Form 214 can finally be corrected. b. His mother gave him the wrong DOB when he was inducted into the military. He did not even know of the error until 2005 when he was about to retire and his birth certificate was needed. That is when he found out he had been born in . Up until 2005 he had always thought his DOB was XX 1947 and that is why all of his military records show that DOB. c. His mother tried several times before she passed away to rectify this issue at the clerk’s office in Mexico, to no avail. He has been trying to get his DOB resolved since 2014 and he finally has the translation for his birth certificate from Mexico. 3. The applicant provides: * birth certificate * English language translation of his birth certificate * attestation, dated 12 January 2016 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140000951 on 28 August 2014. 2. The applicant provided an English language translation of his birth certificate which is new evidence not previously considered and warrants consideration by the Board at this time. 3. He was inducted into the Army of the United States on 6 1967. His DD Form 47 (Record of Induction) at item 5 (Date of Birth) shows his DOB as XX  1947. 4. The following documents in his records all show his DOB as XX 1947: * DD Form 1584 (National Agency Check Request), dated 9 1967 * DD Form 398 (Statements of Personal History) * DA Form 2784 (Request for and Results of Personnel Security Action), dated 28 February 1968 * DA Form 20 (Enlisted Qualification Record) 5. On 5 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 9 (Date of Birth) shows his DOB as XX 1947. 6. After a break in service, he enlisted in the Regular Army on 31 May 1979. His DD Form 214 shows he was honorably released from active duty on 1 July 1990 after 11 years, 1 month, and 1 day of net active service this period. Item 5 (Date of Birth) show his DOB as XX 1947. 7. His Chronological Statement of Retirement Points, dated 3 November 2005, shows his DOB as XX 1947. 8. U.S. Army Human Resources Command Orders P12-795602, dated 4  2007, placed him on the retired list effective 15 2007. 9. He provided a Spanish-language birth certificate and an English-language translation. The translation states, in pertinent part, the applicant’s date of birth is XX . 10. He also provided an attestation which declares under penalty of perjury the English-language translation of the applicant’s birth certificate is a true, accurate, and complete translation of the Spanish document. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide an individual with documentary evidence of his or her military service. It is important that information entered on the form is complete and accurate. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. There is no evidence the DOB shown on his birth certificate was ever recorded in his military records. The DOB shown on his DD Form 214 is the same DOB used throughout his military service records, to include his record of induction. 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 that those records be changed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003955 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003955 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2