BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160007358 BOARD VOTE: ___x______ __x_____ __x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160007358 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the date of birth listed in item 10 of the Individual's Copy of his DD Form 214 and replacing it with the date of birth listed on his Certification of Live Birth. ___________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: 9 January 2018 DOCKET NUMBER: AR20160007358 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 the Individual's Copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) by showing his year of birth as 1933 instead of 1932. 2. The applicant states all of his important papers list his year of birth as 1933. 3. The applicant provides: * DD Form 214 * Certification of Live Birth * Marriage Register * Power of Attorney 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 military record is 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 is believed that his records were lost or destroyed in that fire. However, there is sufficient evidence on file for the Board to conduct a fair and impartial review of this case. This case is being considered primarily using the DD Form 214. 3. The applicant enlisted in the Regular Army and entered into active service on 20 February 1951. 4. The applicant's available record contains Headquarters Copy of his DD Form 214. Item 10 (Date of Birth) lists his year of birth as 1933. 5. On 18 February 1954 he was honorably discharged. Item 10 of the Individual's Copy of the DD Form 214 he was issued and provided to the Board lists his year of birth as 1932. 6. The applicant provides his Certification of Live Birth which lists his year of birth as 1933. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION: The applicant's year of birth appears as 1933 on the Headquarters Copy of his DD Form 214 and his Certification of Live Birth; however, it appears as 1932 on the Individual's Copy of the DD Form 214 issued to the applicant. It appears an administrative error occurred during the preparation of the Individual's Copy of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007358 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007358 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2