. SAMR-RB 15June 2018 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20160016853 1. Reference the attached Army Board for Correction of Military Records Record of · Proceedings, dated 2 November 2017, in which the Board members unanimously denied relief of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by issuing the applicant a new DD Form 214 showing his date of birth as it is shown on his Birth Certificate. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 15 October 2018. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised·ofthe correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl CF: ( ) OMPF 'Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 2 November 2017 DOCKET NUMBER: AR20160016853 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. BOARD DATE: 2 November 2017 DOCKET NUMBER: AR20160016853 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: 2 November 2017 DOCKET NUMBER: AR20160016853 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 item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his DOB as . 2. The applicant states a document was given to him with the incorrect date. He needs the DOB corrected for a social security application. 3. The applicant provides his birth certificate and a letter from the Social Security Administration. 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 on 5 August 1969. He held military occupational specialty 94A (Cook). He served with Headquarters and Headquarters Battery, 4th Battalion, 7th Artillery, 101st Airborne Division (Airmobile) from 26 September 1970 to 24 July 1971. 3. Item 6 (DOB) of his DA Form 20 (Enlisted Qualification Record) shows his DOB as "." Additionally, he completed a DD Form 398 (Statement of Personal History) listing his DOB as "." He signed these documents. 4. On 29 July 1971, the applicant was honorably released from active duty. Item 9 (DOB) of his DD Form 214 shows "." 5. The applicant provides: * his birth certificate showing his DOB as "" * letter from the Social Security Administration showing he applied for a social security card on 29 September 2016 REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION: 1. The evidence of record shows the applicant’s DOB was listed as "" during his service. The DOB "" listed on his DD Form 214 is consistent with the other documents in his service records. He did not use the requested DOB 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. Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including his DD Form 214, correctly reflect the information available at the time they were prepared. 4. The applicant is advised that a copy of this decisional document will be filed in his service record. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military record and the DOB that he currently uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160016853