BOARD DATE:  8 August 2018


		DOCKET NUMBER:  AR20160017603


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



		
		BOARD DATE:  8 August 2018


		DOCKET NUMBER:  AR20160017603


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.



		
		BOARD DATE:  8 August 2018

		DOCKET NUMBER:  AR20160017603


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 (Armed Forces of the United States Report of Transfer or 
Discharge). 

2.  The applicant states his DOB is  not  as shown on 
his DD Form 214.

3.  The applicant provides copies of: 

*	Virginia 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.  It is believed that the applicant's military records were lost or destroyed in the 
National Personnel Records Center fire of 1973.  Information herein was 
obtained from documents provided by the applicant.  The military record 
available for review in this case is the applicant’s DD Form 214.

3.  The applicant's birth certificate shows a DOB in .

4.  The applicant served on active duty in the Army of the United States (AUS) 
from 26 August 1954 through 9 August 1956.

5.  The DD Form 214 shows a DOB in   

REFERENCES:

1.  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 
the entry for the date of birth is to be taken from the enlistment document.

2.  Army Regulation 15-185 (Army Board for Correction of Military Records 
(ABCMR)), states the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  It will decide cases on the evidence of 
record and it is not an investigative body.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.  

DISCUSSION:

1.  The DD Form 214 shows a DOB in  not as 
stated by the applicant.   is when the applicant was released from 
active duty.

2.  The applicant's birth certificate shows a DOB in .  Based on a 
lack of records to verify what birth year the applicant listed on his induction 
documents, the birth certificate and his DD Form 214 are the only source 
documents that could be used. 

3.  For historical purposes, the Army has an interest in maintaining the accuracy 
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, this Board is 
reluctant to recommend those records be changed.

4.  The applicant is advised that a copy of these proceedings will be filed in his 
reconstructed record.  This will serve to clarify any confusion over the date of 
birth shown on his DD Form 214 and that reflected on his certificate of birth.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953