IN THE CASE OF: BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160013727 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: 10 April 2018 DOCKET NUMBER: AR20160013727 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: 10 April 2018 DOCKET NUMBER: AR20160013727 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 he was born in 1937 instead of 1936. 2. The applicant states, in effect, he believes an administrative error occurred when listing his date of birth on his DD Form 214. 3. The applicant provides: * DD Form 214 * Certificate of Live Birth 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. This case is being considered using the DD Form 214 and Certificate of Live Birth provided by the applicant. 3. On 20 December 1956, the applicant was released from active duty and transferred to the U.S. Army Reserve at the expiration of his term of service. He had completed 2 years, 11 months, and 13 days of active duty service. Although his DD Form 214 does not show his date of entry, based on his length of service, he would have enlisted in January 1954. Item 6 (Date of Birth) of his DD Form 214 shows he was born in August 1936. With the date of birth shown on the DD Form 214, he would have been 17 years old at the time of enlistment. 5. The applicant provides his Certificate of Live Birth that shows he was born in August 1937. REFERENCES: Army Regulation 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions, as they existed at the time of separation. Specifically, the entry for item 6 (Date of Birth) was considered "self-explanatory." DISCUSSION: 1. There is no evidence indicating that when the applicant enlisted he reported that he was born in August 1937 or that the August 1937 date of birth was ever made a matter of record during his Army service. Of note is the fact that, based on the 1937 date of birth, he would not have been eligible to enlist due to his age. 2. 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. 3. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the date of birth recorded on his DD Form 214 and the date of birth shown on his Certificate of Live Birth. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013727 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013727 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2