IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170002163 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: AR20170002163 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: AR20170002163 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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as "X 0" instead of "X ." 2. The applicant states, in effect, his DOB is incorrectly listed on his DD Form 214 and his correct DOB is "." He wants his records to be correct. 3. The applicant provides a copy of his 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 the cases 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. 2. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the NPRC in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation provided by the applicant for the Board to conduct a fair and impartial review of this case. 3. He was inducted into the Army of the United States (AUS) on 6 November 1952. His available record contains the following: a. A DD Form 47 (Record Of Induction), dated 6 November 1952, which lists his DOB as ". b. A DA Form 20 (Enlisted Qualification Record), dated 12 November 1952, which lists his DOB as "." c. A DD Form 230 (Service Record)m, for the period from 6 November 1952 to 13 October 1954, which does not list his DOB. 4. He was honorably discharged on 13 October 1954. His DD Form 214 lists in item 10 (DOB) – "." 5. He provides a copy of a Mississippi State Board of Heath Standard Certificate of Birth, issued on 20 June 2007, which identified an individual with the same name of record as the applicant was born on "." REFERENCE: 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 established the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated item 10 would list the DOB verified in the Soldier's record. DISCUSSION: 1. The available evidence shows the applicant's DOB was listed as "" when he was inducted into the AUS and during his period of active duty from November 1952 to October 1954. The DOB listed in item 10 of his DD Form 214 is consistent with the other documents in his available record. He did not use the requested DOB during his 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. The applicant served using the DOB of "." 3. Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including his DD Form 214, correctly reflect the information available at the time they were prepared. //NOTHING FOLLOWS// ABCMR Record of Proceedings