BOARD DATE:  11 July 2018

		DOCKET NUMBER:  AR20160019726


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:  11 July 2018

		DOCKET NUMBER:  AR20160019726


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, 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 19 October 1940 versus 8 January 1938.

2.  The applicant states, his DOB is incorrect on his DD Form 214.  

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records with supporting document(s):  
State of Virginia, Certificate of Birth, issued on 10 March 1982.

2.  Military personnel records and advisory opinion(s) (if any):

*	DD Form 47 (Record of Induction), dated 30 October 1961
*	DA Form 20 (Enlisted Qualification Record)
*	DD Form 214, for the period ending 21 October 1963

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or 
release from active military service or control of the Army.  It established 
standardized policy for preparation of the DD Form 214.  The DD Form 214 is a 
synopsis of the Soldier's most recent period of continuous active duty.  It 
provides a brief, clear-cut record of active Army service at the time of release 
from active duty, retirement, or discharge.

DISCUSSION:

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, 
and 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 contends his DD Form 214 should be corrected to show his 
DOB as .

3.  The applicant listed as his DOB at the time he was inducted 
into military service on 30 October 1961.  The applicant represented his DOB as  
throughout the entire period of his military service.  This DOB is 
consistently represented in the documents contained in his Military Personnel 
Records Jacket.  He authenticated many documents by placing his full signature 
in the appropriate block attesting to the correctness of the represented DOB.  
The requested DOB does not appear in his available military records.

4.   He submitted a copy of his birth certificate that shows his DOB as 
; however, he did not claim this DOB during his entire period of 
military service.    

5.  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. 

6.  The applicant is advised that a copy of this decisional document will be filed in 
his records to clarify the difference between the DOB listed in his records and 
that listed on his birth certificate.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160006036