3:18 PM 7/2/2020ob
		
		BOARD DATE:  2 May 2018

		DOCKET NUMBER:  AR20160014442


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:x	:x	:x	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration




		I
		BOARD DATE:  2 May 2018

		DOCKET NUMBER:  AR20160014442


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 date of birth (DOB) on his DD Form 
214 (Report of Transfer or Discharge).

2.  The applicant states, in effect, he was born on 14 April, not 25 April.  

3.  The applicant provides –

*	Illinois Driver's License
*	U.S. Department of Veterans Affairs Identification Card
*	U.S. Passport
*	birth certificate
*	DD Form 214
*	Department of the Army Letter Order discharging the applicant from the 
U.S. Army Reserve

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 16 November 
1967.  Item 5 (DOB) of his Record of Induction shows his DOB as .

3.  All documents in his official record that utilize a DOB, including his DA Form 
20 (Enlisted Qualification Record), show the DOB as . 

4.  The applicant was discharged on 1 March 1976.  His DD Form 214 shows his 
DOB as .

5.  The documents provided by the applicant show his DOB as 1.

REFERENCES:

Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents that must be prepared for Soldiers on retirement, discharge, release 
from active duty service, or control of the Active Army.  It establishes 
standardized policy for preparing and distributing the DD Form 214 and states:

	a.  All source documents should be in place to complete the DD Form 214.  If 
approval documentation is not present in a Soldier's records, action will be 
coordinated with the necessary for proper source documents.

	b. Use the following documents when preparing a DD Form 214: 

		(1) Enlisted Qualification Record. 

		(2) DA Form 4037 (Officer Record Brief) (ORB) (computer generated). 

		(3) Separation approval authority documentation, if applicable. 

		(4) Separation order. 

		(5) Any other document authorized for filing in the Official Military 
Personnel File.



DISCUSSION:

1.  All of the documents in the applicant's Official Military Personnel File (OMPF), 
that reference his DOB utilize the date XX.  The DOB shown on the 
documents he provided was not recorded in his record during his military service.  

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 military personnel record.  This should serve to clarify any questions or 
confusion regarding the difference between the DOB recorded in his military 
records and the DOB shown on his birth certificate

		BOARD DATE:  2 May 2019

		DOCKET NUMBER:  AR2016001442


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.

.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160003102


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont.)	AR20160003102


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2