IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004853 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: 14 November 2017 DOCKET NUMBER: AR20160004853 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. IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004853 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 XX June in lieu of XX June . 2. The applicant states his year of birth is . He changed his birth year so he could be drafted into the military. 3. The applicant provides: * Standard Form 180 (Request Pertaining to Military Records) * 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's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It appears that his records were partially destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States on 1 February 1955. His DD Form 47 (Record of Induction) shows his DOB as XX June . 4. The following documents in his military records show his DOB as XX June : * Standard Form 88 (Report of Medical Examination) * Standard Form 89 (Record of Military History) 5. On 1 February 1957, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 9 (DOB) of his DD Form 214 is not legible due to burn damage. 6. There are no documents in his military records showing his DOB as XX June . 7. The driver's license he provided shows his DOB as XX June . 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 driver’s license, XX June , 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 47 was appropriately derived from his service records at the time of preparation. 3. 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. 4. A copy of this decisional document will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the birth date recorded in his military records and that shown on his driver’s license. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004853 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004853 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2