IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160017620 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: 30 May 2018 DOCKET NUMBER: AR20160017620 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: 30 May 2018 DOCKET NUMBER: AR20160017620 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 his date of birth (DOB) as XX XXXX XXXX instead of XX XXXXX XXXX. 2. The applicant states his DOB is incorrect on his DD Form 214. 3. The applicant provides: * self-authored letter, dated 14 September 2016 * DD Form 214 * birth certificate * South Carolina driver's license 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 enlisted in the Regular Army on 9 November 1970 for a period of 2 years. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his DOB as XX XXXXX XXXX. 3. On 5 September 1973, he was honorably released from active duty. 4. Item 9 (DOB) of his DD Form 214 shows his DOB as XX XXXXX XXXX. 5. His DA Form 20 (Enlisted Qualification Record) and all of his service personnel records shows his DOB as XX XXXX XXXX. 6. He provided a copy of his birth certificate showing his DOB as XX XXXX XXXX. 7. He also provided a self-authored letter, dated 14 September 2016, stating he served in the Army from November 1970 to September 1973 and he served one tour in Vietnam. He is retiring soon and recently discovered his DOB is incorrect on his DD Form 214. He is afraid he may not be able to get his benefits if his DOB is incorrect. 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. 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. DISCUSSION: 1. The applicant contends the DOB shown on his DD Form 214 is incorrect. 2. Although the birth certificate he provided shows his DOB as XX XXXX XXXX, the evidence of record shows he reported his DOB as XX XXXX XXXX at the time of his enlistment in 1970 and he served in and was released from active duty using the DOB of XX XXXXX XXXX. 3. All of his service personnel records, including his DD Form 214, show his DOB as XX XXX XXXX. 4. 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. 5. 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 difference in the DOB recorded in his military records and the DOB shown on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017620 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017620 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2