BOARD DATE:  1 May 2018

		DOCKET NUMBER:  AR20160007159


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




		I

		BOARD DATE:  1 May 2018

		DOCKET NUMBER:  AR20160007159


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 (Certificate of Release 
or Discharge from Active Duty) and Department of Veterans Affairs (VA) records 
to show his date of birth (DOB) as 

2.  The applicant states his DOB is incorrect as shown on his DD Form 214 and 
VA records.  His correct DOB is , not .  He believes it 
is just a mistake.  He is unable to receive health care because of the incorrect 
DOB.

3.  The applicant provides:

*	birth certificate 
*	U.S. Armed Forces Identification Card
*	Arizona driver's license
*	General Discharge Certificate
*	DD Form 214

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 12 June XXXX  His 
DD Form 1966 (Application for Enlistment – Armed Forces of the United States) 
shows his DOB as  in item 11 (DOB).  The applicant's mother 
certified his DOB was  in item 47 of the form.

3.  On 14 October 1980, he was discharged under honorable conditions under 
the provisions of the Expeditious Discharge Program.  Item 5 (DOB) of his 
DD Form 214 shows his DOB as .

4.  He provided copies of his birth certificate, U.S. Armed Forces Identification 
Card, and Arizona driver's license showing his DOB as .

REFERENCES:

1.  Army Regulation 635-5 (Separation Documents), in effect at the time, 
prescribed the separation documents prepared for Soldiers upon retirement, 
discharge, or release from active military service or control of the Army.  The 
instructions for item 5 stated to enter the date using a six-digit number; year, 
month, and day written in that sequence without spaces or slashes (e.g., 420106 
for 6 January 1942).

2.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army acting through the 
ABCMR.  It states the ABCMR's jurisdiction under Title 10, U.S. Code, 
section 1552, extends to any military record of the Department of the Army.  It is 
the nature of the record and the status of the applicant that define the ABCMR's 
jurisdiction.

DISCUSSION:

1.  The applicant contends he was born on and his birth certificate 
and DD Form 1966 support his contention.  Item 6 of his DD Form 214 does not 
show this date.

2.  His request to correct his DOB in his VA records was noted.  However, the 
ABCMR's jurisdiction only extends to any military record of the Department of the 
Army.  Any questions he may have regarding VA records or benefits should be 
directed to the VA.


		BOARD DATE:  1 May 2018

		DOCKET NUMBER:  AR20160007159


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 that all 
Department of the Army records of the individual concerned be corrected by 
replacing the date of birth shown on his DD Form 214 with the date of birth 
shown on his birth certificate.

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 amending his date of birth in his 
Department of Veterans Affairs records.

												 
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.

ABCMR Record of Proceedings (cont)	AR20160007159


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160007159


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2