IN THE CASE OF: BOARD DATE: 13 January 2011 DOCKET NUMBER: AR20100018124 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 15 September 1948. 2. The applicant states he didn't pay any attention to his DD Form 214 when he left the service, but now he is applying for social security benefits and needs the correction. 3. The applicant provides copies of his DD Form 214, birth certificate, New York State Department of Motor Vehicles Identification Card, retirement benefit plan participation statement, certificate of baptism, and social security estimate of benefits. All these documents, with the exception of his DD Form 214, show his date of birth as 15 September 1948. 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 3 February 1969. Item 5 (Date of Birth) of his DD Form 47 (Record of Induction), dated 17 April 1968, shows his date of birth as 7 January 1949. 3. Item 12 (Date of Birth) of the applicant's Standard Forms 88 (Report of Medical Examination), dated 5 March 1968 and 28 January 1971, shows his date of birth as 7 January 1949. 4. The applicant's DA Form 428 (Application for Identification Card), dated 4 February 1969, shows 7 January 1949 in item 10 (Date of Birth). 5. Item 6 (Date of Birth) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his date of birth as 7 January 1949. 6. The applicant was separated on 2 February 1971. Item 6 (Date of Birth) of his DD Form 214 shows his date of birth as 7 January 1949. 7. The applicant provided a copy of his birth certificate showing his date of birth as 15 September 1948. He also provides an estimate of benefits from the Social Security Administration indicating its records show his date of birth as 15 September 1948. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show his date of birth as 15 September 1948. 2. The evidence of record clearly shows the applicant was inducted into the Army of the United States, served for a period of 2 years, and was honorably separated using the date of birth currently recorded in his military records. The fact that he now desires a change to the date of birth for personal reasons is not a sufficiently mitigating factor that warrants granting the requested relief. 3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created. 4. In view of the foregoing, there is no basis for granting the applicant's request. However, a copy of this Record of Proceedings will be filed in the applicant's official military personnel file and may serve to clarify any questions concerning the differences in his date of birth. BOARD VOTE: ________ ________ ________ 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. __________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. ABCMR Record of Proceedings (cont) AR20100000365 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018124 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1