IN THE CASE OF:  

		BOARD DATE:  5 September 2018

		DOCKET NUMBER:  AR20170001340


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:  5 September 2018

		DOCKET NUMBER:  AR20170001340


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:  5 September 2018

		DOCKET NUMBER:  AR20170001340


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 .

2.  He states that his DOB is incorrectly listed as 1946 on his DD Form 214.

3.  He provides a copy of his DD Form 214 and his Indiana birth certificate.

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.  On 10 March 1969, prior to his enlistment, the applicant completed a 
DD Form 398 (Statement of Personal History) wherein he listed his DOB as 1968.

3.  On 29 November 1968, he enlisted in the Regular Army.  His DOB is listed as  on this document.

4.  A review of his record did not find any documents that list his DOB as .

5.  He was released from active duty on 29 September 1969.  Item 9 (DOB) of his DD Form 214 shows his DOB as .

6.  He provides a copy of his Indiana birth certificate, which lists his DOB as 8.

REFERENCES:

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

DISCUSSION:

1.  The record shows that the applicant entered his DOB as 1968 on the 
DD Form 398 he completed on 10 March 1969.  This was the only document filed in his military record that lists his DOB as a date other than 1946.  There is no indication that he used the requested DOB during his period of active 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.  A copy of this decisional document will be filed in his official records to clarify the difference between the DOB used in his records and the DOB listed on his certificate of birth.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1