IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160013183 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 IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160013183 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. IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160013183 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 (Report of Separation from Active Duty) to show his date of birth (DOB) as 27 19XX instead of 26 19XX. 2. The applicant states his DOB is incorrect on his DD Form 214. 3. The applicant provides: * birth certificate * New York driver's license * passport 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 DD Form 1966 (Application for Enlistment – Armed Forces of the United States) shows his DOB as 26 19XX. He enlisted in the Regular Army on 13 October 1976 for a period of 3 years. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Force of the United States) shows his DOB as 26 19XX. 3. On 10 April 1978, he was discharged. Item 4 (DOB) of his DD Form 214 shows his DOB as 26  19XX. 4. All of his service personnel records show his DOB as 26 19XX. 5. He provided a copy of his birth certificate, issued on 14 January 2015, showing his DOB as 27 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 instructions for item 4 stated to enter date in order shown. Using numerals; e.g., 38 for year, 01 for January, and 06 for day. 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 27 19XX, the evidence of record shows he reported his DOB as 26  19XX at the time of his enlistment in 1976 and he served in and was released from active duty using the DOB of 26 19XX. 3. All of his service personnel records, including his DD Form 214, show his DOB as 26  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) AR20160013183 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013183 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2