BOARD DATE: 21 December 2017 DOCKET NUMBER: AR20160008764 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. 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: 21 December 2017 DOCKET NUMBER: AR20160008764 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :MDE :JJD :EPD DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 December 2017 DOCKET NUMBER: AR20160008764 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, the niece and legal representative of a former service member (FSM), requests correction of item 9 (Date of Birth (DOB)) of her uncle's, DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his DOB as 6 August 19X4 instead of 13 August 19X5. 2. The applicant states her uncle received of copy of his birth certificate and noticed that his DOB was incorrect in his records. He was born on 6 August 19X4 and not 13 August 19X5. 3. The applicant provides: * uncle's birth certificate * Power of Attorney * Department of Veterans Affairs (VA) Form 21-0845 (Authorization to Disclose Personal Information to a Third Party) * VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative) * letter from the Army Review Boards Agency (ARBA) 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations. 2. The FSM was inducted into the Army of the United States (AUS) on 19 September 1967. His records contain the following: * DD Form 47 (Record of Induction), dated 19 September 1967, listing his DOB as 13 August 19X5 * DA Form 41 (Record of Emergency Data), dated 27 March 1969, listing his DOB as 13 August 19X5 * DA Form 20 (Enlisted Qualification Record), dated 11 September 1969, listing his DOB as 13 August 19X5 * DD Form 398 (Statement of Personal History), dated 12 September 1969, shows his DOB as 13 August 19X5 3. He was honorably released from active duty on 22 September 1969 and was transferred to the U.S. Army Reserve Control Group. Item 9 of his DD Form 214 lists his DOB as 13 August 19X5. 4. The applicant provides the following: * State of Mississippi birth certificate, registered on 8 August 19X4, showing the FSM was born on 6 August 19X4 * VA Form 21-0845, dated 3 March 2015, authorizing the VA to disclose personal information to the applicant * Power of Attorney, dated 15 January 2016, giving the applicant full authorization to handle the FSM's banking * VA Form 21-22, dated 23 March 2016, appointing the Disabled American Veterans as the FSM's representative * letter, dated 5 April 2016, wherein ARBA requested appropriate documentation as proof of the applicant's relationship to the FSM REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 9 would list the DOB verified in the Soldier's record. DISCUSSION: 1. The evidence of record shows the FSM served in the AUS using the DOB of 13 August 19X5. This DOB is consistent throughout his period of active service. It appears he did not use the requested DOB at any time during his military service. Absent convincing independent and verifiable evidence to the contrary, it is presumed his DD Form 214 reflected the information available in his record at the time it was prepared. 2. The Army has an interest in maintaining the integrity of its records for historical purposes. 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. 3. A copy of this decisional document will be filed in the FSM's military records. This should serve to clarify any questions or confusion regarding the difference in the DOB in his military record and the DOB shown on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160008764 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008764 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2