BOARD DATE:  16 May 2018

		DOCKET NUMBER:  AR20160015489


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




		BOARD DATE:  16 May 2018

		DOCKET NUMBER:  AR20160015489


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 name and date of birth (DOB).

2.  The applicant states he was born at home under the care of a midwife.  His grandmother raised him through the 4th grade when his parents assumed custody.  He enlisted in 1969.  His mother did not file a birth notice until 1972.  At that time she advised him that his DOB was 25 October XXXX.  He had his records corrected under a new social security number (SSN) and name.

3.  The applicant provides copies of –

* general affidavit 
* driver's license
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Department of Veterans Affairs (VA) Agent Orange Veteran Payment Program letter 

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 on 28 January 1969 under the name J____ E____ C____ with a DOB of 22 December XXXX and a SSN .  His SSN was corrected shortly after induction to 

3.  On 20 October 1969, the applicant was released from active duty due to hardship and transferred to the U.S. Army Reserve Control Group (Standby).  His DD Form 214 shows his name as J____ E___ C____, DOB as 22 December XXXX, and his SSN as .

5.  On 26 June 1972, the applicant's mother submitted an affidavit stating the applicant was born at home on 25 October XXXX.  She listed his name as J____ C____ Jr.

6.  The applicant's driver's license shows his DOB as 25 October XXXX and his name as J____ C____ Jr.

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 authorities 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; and 

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

DISCUSSION:

1.  There is no evidence indicating that the DOB and name shown on the affidavit the applicant provides were ever recorded in his military service records.  In the absence of evidence showing otherwise, it must be presumed that the information recorded on his DD Form 214 accurately reflected the information available in his record at the time of his release from active duty.  

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 records.  This should serve to clarify any questions or confusion regarding the difference between the name and DOB recorded in his military records and the name and DOB shown on the documents he provides.

//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