BOARD DATE:  27 November 2018

		DOCKET NUMBER:  AR20170009688


BOARD VOTE:

_________  _______  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____x____  ______x__  ____x____  DENY APPLICATION
x

2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		
		BOARD DATE:  27 November 2018

		DOCKET NUMBER:  AR20170009688


BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  A copy of this decisional document will be filed in the applicant's official 
military personnel file.  This should serve to clarify any questions or confusion 
with regard to the difference in the date of birth recorded in his records and on 
his DD Form 214 and the date of birth shown on his Certificate of Live Birth.





                                    _______________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.



		 

		BOARD DATE:  27 November 2018

		DOCKET NUMBER:  AR20170009688


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 records to show his date of birth 
(DOB) as "16 May XXX1" instead of "30 August XXX0."

2.  The applicant states he cannot receive proper medical treatment or get other 
important matters taken care of with an erroneous DOB.

3.  The applicant provides:

*	social security card
*	DD Form 214 (Armed Forces of the United States Report of Transfer or
  	Discharge)
*	Certificate of Live Birth

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 was inducted into the Army of the United States on 21 January 
1959.

3.  A review of every document in his available military personnel record 
consistently shows his DOB as "."  

4.  The applicant was honorably released from active duty at the expiration of his 
term of service on 20 January 1961.  Item 6 (DOB) of his DD Form 214 lists  
"." 

5.  His record does not contain any documents that list his DOB as "."

6.  The applicant provides a copy of his Certificate of Live Birth, which shows his 
DOB as ""

REFERENCES:

Army Regulation 635-5 (Separation Documents) 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:

The evidence shows that upon his induction into the Army of the United States, 
his DOB was listed as "."  Every document in his record lists his 
DOB as ""  He did not use the requested DOB during any period 
of active military service.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953