IN THE CASE OF:    

		BOARD DATE:  23 May 2018

		DOCKET NUMBER:  AR20170015137


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:  23 May 2018

		DOCKET NUMBER:  AR20170015137


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:  23 May 2018

		DOCKET NUMBER:  AR20170015137


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 the Armed Forces of the United States) to show his date of birth (DOB) as .

2.  The applicant states:

* his DOB is incorrect on his DD Form 214
* his DOB is 

3.  The applicant provides:

* birth certificate
* 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 was inducted into the Army of the United States on 6 February 1951.  His DD Form 47 (Record of Induction) shows his DOB as XX August 1928.  

3.  On 24 February 1954, he was honorably discharged for expiration term of service.  

4.  Item 10 (DOB) of his DD Form 214 shows his DOB as .

5.  All of his service personnel records show his DOB as .

6.  He provided a copy of his birth certificate, issued on , showing his DOB as .

REFERENCES:

Special Regulations 615-360-1 (Separation of Enlisted Personnel), in effect at the time, established the procedures to follow in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the DD Form 214.  The instructions for item 10 (Date of Birth) stated "self-explanatory."

DISCUSSION:

1.  The applicant contends the DOB shown on his DD Form 214 is incorrect.

2.  Although the birth certificate he provided shows his DOB as , the evidence of record shows he reported his DOB as  at the time of his induction in 1951 and he served in and was released from active duty using the DOB of .

3.  All of his service personnel records, including his DD Form 214, show his DOB as .

4.  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.  

5.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and the DOB shown on his birth certificate.
 
//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1