IN THE CASE OF:  

		BOARD DATE:  29 August 2018

		DOCKET NUMBER:  AR20170000211


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:  29 August 2018

		DOCKET NUMBER:  AR20170000211


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:  29 August 2018

		DOCKET NUMBER:  AR20170000211


THE APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 28 February 2011 to show his date of birth (DOB) as "" instead of "."

2.  The applicant states his DD Form 214 incorrectly reflects his DOB.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records with the following supporting documents:

* DD Form 214 the period ending 28 February 2011
* Certificate of Birth, dated 3 March 2013

2.  Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems, specifically:  DD Form 214 for the period ending on 28 February 2011

REFERENCES:

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.  

2.  Army Regulation 635-5 (Separation Documents) states the purpose of the separation document is to provide the individual with documentary evidence if their military service at the time of release from active duty, retirement, or discharge.  
DISCUSSION:

1.  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 214 shows his year of Birth as .  

3.  The applicant's certificate of birth shows his DOB as .  

4.  The applicant did not provide nor do his military records contain any other documents that show his DOB.  

5.  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, there is a reluctance to recommend that those records be changed.  While it is understandable he desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

6.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions or confusion about the difference in the DOB recorded in his military records and his desire to have his current DOB documented in his OMPF.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1