IN THE CASE OF: BOARD DATE: 3 March 2011 DOCKET NUMBER: AR200019077 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 change his date of birth (DOB) from " April " to " March ." 2. He states his DOB is incorrect. 3. He provided a copy of his birth certificate. CONSIDERATION OF EVIDENCE: 1. Title , 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. His records show he was inducted into the Army of the United States on 8 July 1964. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows “ April .” This form was signed by officials at the Armed Forces Entrance and Examination Station, New Orleans, LA on the same day. 3. A DA Form 428 (Application for Identification Card) shows in item (DOB) the entry " April ." He authenticated this form on December 1964, indicating the information contained therein was correct at the time. 4. His DA Form 20 (Enlisted Qualification Record) shows in item 6 (DOB) the entry " April ." Item 47 (Signature of Individual) shows he authenticated this document on 1 December 1965, as shown in item 48 (Date of Audit). 5. His DD Form 214 shows he was honorably released from active duty on 7 July 1966. Item 6 (DOB) shows " April " as his DOB. Item 34 (Signature of the Person Being Transferred or Discharged) shows he authenticated this document, indicating the information therein was correct at the time of his separation. 6. He provided a copy of a certificate of live birth from the state of LA, dated 11 May . This document shows in item 2a (Birth Date) he was born on March . DISCUSSION AND CONCLUSIONS: 1. He contends his DOB is incorrect and should be changed to reflect the date recorded on his birth certificate. 2. Although he provided a copy of his birth certificate which verifies his correct DOB as “ March ,” all military documents show " April ” as his DOB. He also authenticated several of these documents, indicating this was his correct DOB at the time. 3. 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, there is a reluctance to recommend that those records be changed. While it is understandable he desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 4. He is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his OMPF. 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 that 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) AR200019077 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR200019077 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1