BOARD DATE: 26 April 2018 DOCKET NUMBER: AR20160005930 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends, as an administrative action, the applicant be issued a Certificate of Appreciation for his honorable service for the period 10 November 1969 to 8 September 1972 and issuing a DD Form 215 correcting the spelling of “California” in block 10b of his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show the date of birth listed on his birth certificate. 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 April 2018 DOCKET NUMBER: AR20160005930 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :x :x :x GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 April 2018 DOCKET NUMBER: AR20160005930 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 issuance of a DA Form 3522 (Chief of Staff Certificate of Appreciation) for his honorable service and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * the date that is listed on his certificate of birth * the correct spelling of California in block 10b (Selective Service Local Board Number, City, State, and Zip Code) 2. He states his certificate of birth lists his correct date of birth and he was never issued a certificate of appreciation for his service. 3. He provides copies of his birth certificate and an undated memorandum issued by the U.S. Army Transfer Station, Fort Jackson, SC. 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 Regular Army on 10 November 1969. Every document in his military records requiring a date of birth lists the date shown in item 9 (Date of Birth) of his DD Form 214. 3. The applicant was honorably released from active duty on 8 September 1972. His DD Form 214 shows that "California" is incorrectly spelled "Cakufornia" in item 10b. 4. The applicant provides a birth certificate showing a date other than the date listed on his DD Form 214 and recorded elsewhere in his military record. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, required: a. The date of birth to be entered on the DD Form 214; b. A Chief of Staff Certificate of Appreciation signed by the Chief of Staff, U.S. Army will be issued each officer and enlisted person upon separation when his service is characterized as "honorable." c. Typographical errors in words and abbreviations be corrected by erasure and overtype prior to the issuance of the DD Form 214 (later standards require that a DD Form 215 (Correction to DD Form 214) be issued to correct these types of errors). 2. Army Regulation 635-8 (Separation Processing and Documents) consolidated the policies, principles of support and standards of service previously prescribed and published in Army Regulation 635-5. The new regulation does not list the DA Form 3522 as a separation document; however, a DD Form 2542 (Certificate of Appreciation for Service in the Armed Forces of the United States) is issued to recognize honorable service. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show the date that is listed on his certificate of birth. 2. The applicant’s record is void of documents listing the date of birth shown on his certificate of birth. a. 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed. b. The applicant is advised that a copy of this decisional document will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the date of birth he used while on active duty and the date of birth shown on his certificate of birth. 3. California is incorrectly spelled in Item 10b of his DD Form 214. Regulatory guidance in effect at the time stated that typographical errors would be corrected by erasure or overtype prior to the distribution of the DD Form 214. Under current policy, a DD Form 215 (Correction to DD Form 214) is issued to correct this type of error. 4. The applicant completed an honorable period of service from 10 November 1969 to 8 September 1972 which met the criteria to receive a Chief of Staff Certificate of Appreciation. It appears that he did not receive this certificate. Unfortunately, this form is obsolete. Honorable service is now recognized with the issuance of the Certificate of Appreciation for Service in the Armed Forces of the United States. The applicant is eligible to receive this equivalent certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005930 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005930 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2