IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170004042 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: 26 September 2018 DOCKET NUMBER: AR20170004042 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: 26 September 2018 DOCKET NUMBER: AR20170004042 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 (Report of Separation from Active Duty) to show his date of birth (DOB) as the 28 August not 27 August. 2. The applicant states his recruiter entered the wrong date when enlisted. 3. The applicant provides copies of his birth certificate, driver's license, and DD Form 214. 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's record contains a DD Form 398 (Statement of Personal History), dated 19 May 1965, wherein he recorded his DOB as . 3. His DD Form 47 (Record of Induction) shows he was inducted on 24 August 1965. This form lists his DOB as . 4. His DD Form 214 shows he was honorably released from active duty on 18 August 1967. This form shows his DOB as 5. All of the documents in the applicant's military record, with the exception of his DD Form 398, show his DOB as . 6. The birth certificate and all of the other documents provided by the applicant shows a birth date as 28 August. REFERENCES: Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states the entry for the date of birth is to be taken from the enlistment document. DISCUSSION: 1. 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, this Board is reluctant to recommend those records be changed. 2. With the exception of the applicant's DD Form 398, which shows his DOB as t, all of the documents in his military record show his DOB as . There is no record of the applicant ever using the DOB 28 August during the period of his military service. 3. The applicant’s desire to have the records changed to reflect the DOB listed on his birth certificate is understood. A copy of this Board action will be filed in his military records. This record of proceedings will also serve to clarify any confusion between the DOB listed in the applicant's records, and the DOB listed on his certificate of birth. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004042 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004042 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2