IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160015881 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: 23 May 2018 DOCKET NUMBER: AR20160015881 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: 23 May 2018 DOCKET NUMBER: AR20160015881 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 the Armed Forces of the United States) to show his date of birth (DOB) as XX November XXXX instead of XX June XXXX. 2. The applicant states: * his DOB is incorrect on his DD Form 214 * his DOB is XX November XXXX * it could be a typographical error made by the Army 3. The applicant provides: * DD Form 214 * social security card * California senior citizen identification card 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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant. 3. His DD Form 214 shows: * his DOB as XX June XXXX * he was inducted into the Army of the United States on 23 March 1951 * he served in Korea * he was honorably released from active duty on 4 March 1953 4. He provided a copy of his California senior citizen identification card showing his DOB as XX November XXXX. REFERENCES: 1. Special Regulations 615-360-1 (Separation of Enlisted Personnel), in effect at the time, established the procedures to follow in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the DD Form 214. The instructions for item 10 (Date of Birth) stated "self-explanatory." 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends the DOB shown on his DD Form 214 is incorrect. He provided a copy of his California senior citizen identification card showing his DOB as XX November XXXX. 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. His DD Form 214 he provided shows his DOB as XX June XXXX. In the absence of Army records showing he ever used the DOB of XX November XXXX during his military service, administrative regularity must be presumed. 4. 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 DOB recorded on his DD Form 214 and the DOB shown on his identification card. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015881 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015881 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2