BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012739 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 BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012739 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. BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012739 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 show his date of birth (DOB) as 14 19XX instead of 5 19XX. 2. The applicant states his DOB is incorrect on his DD Form 214. 3. The applicant provides: * DD Form 214 * birth certificate * letter from the Department of Veterans Affairs (VA), dated 14 June 2016 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 9 June 1965 for a period of 3 years. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his DOB as 5 19XX. 3. On 21 April 1968, he was honorably released from active duty. 4. Item 9 (DOB) of his DD Form 214 shows his DOB as 5 19XX. 5. His DA Form 20 (Enlisted Qualification Record) and all of his service personnel records shows his DOB as 5 19XX. 6. He provided: a. A copy of his birth certificate, issued on 10 April 2015, showing his DOB as 14 19XX. b. A letter from the VA, dated 14 June 2016, stating his VA automated records were corrected to show his DOB as 14 19XX instead of 5 19XX. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon 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 it is of paramount importance that the information entered on the DD Form 214 be complete, accurate, and in accordance with authorized entries. The DA Form 20 and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing the DD Form 214 Worksheet. However, personnel officers should review all available documents. DISCUSSION: 1. The applicant contends the DOB shown on his DD Form 214 is incorrect. 2. Although the birth certificate he provided shows his DOB as 14 19XX, the evidence of record shows he reported his DOB as 5 19XX at the time of his enlistment in 1965 and he served in and was released from active duty using the DOB of 5 19XX. 3. All of his service personnel records, including his DD Form 214, show his DOB as 5 19XX. 4. 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. 5. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and the DOB shown on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012739 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012739 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2