BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160016534 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 BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160016534 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 replacing the date of birth shown on his DD Form 214 with the date of birth shown on his DD Form 398. 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 item 6 (Date of Rank) of 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. BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160016534 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: a. his date of birth (DOB) as 8 19XX instead of 9 19XX and b. his date of rank (DOR) as 20 June 1968 instead of 20 June 1969. 2. The applicant states: a. His DOB and DOR are incorrect on his DD Form 214. b. His birth certificate shows he was born on 8 19XX. c. He was appointed to specialist four at Fort Rucker after receiving the Soldier of the Month award in June 1968. He was in Vietnam in June 1969 and did not receive this rank while serving in the war. 3. The applicant provides: * birth certificate * DD Form 214 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 DD Form 398 (Statement of Personal History), dated 31 July 1967, shows he recorded his DOB as 8 19XX in connection with his enlistment in the Regular Army. 3. He enlisted in the Regular Army on 23 August 1967 for a period of 3 years. 4. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows: * he was appointed to the temporary rank of specialist four effective 20 June 1968 * he was appointed to the permanent rank of specialist four effective 20 June 1969 5. On 10 April 1968, he was honorably discharged. 6. His DD Form 214 shows in: * item 5 (Grade, Rate or Rank) – specialist four * item 6 (DOR) – 20 June 1969 * item 9 (DOB) – 9 19XX 7. He provided a copy of his birth certificate showing his DOB as 8 19XX. 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. a. 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. b. The instructions for item 6 stated to enter the DOR for the grade shown in item 5a. If the grade at time of separation is not permanent, the permanent grade, date of appointment, and DOR, if different from date of appointment, would be entered in item 30 (Remarks). DISCUSSION: 1. The applicant's DD Form 398 shows he recorded his DOB as 8 19XX prior to his enlistment in 1967. However, his DD Form 214 shows his DOB as 9 1947. It appears that an administrative error occurred when recording his DOB on his DD Form 214. 2. He contends his DOR is incorrect on his DD Form 214 and that he was appointed to specialist four in 1968 not 1969. 3. The evidence of record shows: * he was appointed to the temporary rank of specialist four effective 20 June 1968 * he was appointed to the permanent rank of specialist four effective 20 June 1969 4. The governing regulation states the permanent DOR will be shown in item 6 of the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016534 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016534 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2