ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 August 2019 DOCKET NUMBER: AR20170006740 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) from " XX XXX 19XX " to "XX XXX 19XX" APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Birth Certificate * DD 44 (Record of Military Status of Registrant) * Honorable Discharge Certificate United States Army Reserves 17 October 1961 * Signatures Certifying Last Report of Separation 18 October 1961 * Honorable Discharge Certificate Regular Army 7 October 1964 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states upon his initial enlistment in the Army Reserves, he lied about his age, he was only 16 years old. The age shown on all of his military records thereafter, shows the incorrect age. He was actually born on XX XXX 19XX. He would like his date of birth to be corrected. He was a sophomore in high school at the time of his enlistment in 1956 and served 6 months upon graduation in 1959. He is now 76 years old and at the end of his life. He would like to ensure that his family has no difficulty in applying for his grave marker from the United States Army. 3. The applicant provides: a. A copy of his birth certificate from the state of West Virginia that shows his birthdate as XXX XX 19XX. b. A copy of his DD Form 44 showing Block 5 shows his date of birth as XX XXX 19XX. c. A copy of his honorable discharge certificate showing a discharge date of 17 October 1961, along with an attachment with signatures certifying his last report of discharge. In addition, he provides another honorable discharge certificate with a discharge date of 7 October 1964. 4. A review of the applicant’s service record shows: a. He was inducted into the Army Reserves of the United States on 18 January 1957. His DD Form 4 (Enlistment Record Armed Forces of the United States) block 15 shows his Date of Birth (DOB) as XX XXX 19XX. b. On 31 May 1959, he was ordered to Active Duty Training from 31 May 1959 to 22 November 1959. His DD Form 214 shows he was honorably discharged and block 6 shows his DOB as XX XXX 19XX. He served 5 months and 23 days of net service during this period. c. On 18 October 1961, he enlisted in the Regular Army his DD Form 4, block 15 shows his DOB as XX XXX 19XX. d. His DD Form 214, shows he was honorably discharged on 7 October 1964 and block 6 shows his DOB as XX XXX 19XX. He served 2 years, 11 months and 20 days of net service this period. 5. There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations. 6. By regulation (AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for Item 6 (Date of Birth) state to enter the date of birth. 7. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon all dates reflected within the military service record of the applicant showing the same date birth, including many verified by the service member at the time, the Board concluded there was insufficient evidence of an error or injustice which would warrant making a change to the date of birth reflected. The Board determined it was more important to protect the integrity of the military records. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5, in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for Item 5 (Place of Birth) stated to enter the place of birth (City, and State or Country) and the specific instructions for item 6 (Date of Birth) state to enter the date of birth. ABCMR Record of Proceedings (cont) AR20170006740 3 1