IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160013622 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x___ ___x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160013622 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 amending his Honorable Discharge Certificate, dated 10 November 1976, to show the last name shown on his DD Form 214. 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 on his DD Form 214. _____________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: 13 June 2018 DOCKET NUMBER: AR20160013622 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 instead of . He also requests correction of his last name on his Honorable Discharge Certificate, dated 10 November 1976. 2. The applicant states: * his DOB is * his last name is misspelled on his Honorable Discharge Certificate, it should be W__INS not W__ENS 3. The applicant provides: * DD Form 214 * birth certificate * Honorable Discharge Certificate, dated 10 November 1976 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 was inducted into the Army of the United States on 22 October 1970. His DD Form 47 (Record of Induction) shows: * his last name as W__INS * his DOB as 3. On 18 March 1972, he was honorably released from active duty. 4. His DD Form 214 shows in: * item 1 (Last Name, First Name, Middle Name) – the last name W__INS * item 9 (DOB) – 5. His DA Form 20 (Enlisted Qualification Record) and all of his service personnel records shows his DOB as . 6. Headquarters, First U.S. Army, Orders 91-6, dated 10 November 1976, honorably discharged him from the U.S. Army Reserve Ready. These orders show the last name W__INS. 7. He provided an Honorable Discharge Certificate, dated 10 November 1976, showing the last name W__ENS. 8. He also provided a copy of his birth certificate showing his DOB as . 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 10 December 19XX, the evidence of record shows he reported his DOB as 16 December 19XX at the time of his induction in 1970 and he served in and was released from active duty using the DOB of . 3. All of his service personnel records, including his DA Form 20 and DD Form 214, show his DOB as . 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. 6. The applicant's last name is spelled incorrectly on his Honorable Discharge Certificate, dated 10 November 1976. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013622 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013622 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2