IN THE CASE OF: BOARD DATE: 29 September 2011 DOCKET NUMBER: AR20110006717 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 record to show his correct date of birth (DOB) as 6 instead of 6 . 2. He states the year of his birth date is wrong and it should be changed from to . He continues that a mistake was made when he enlisted in the Army. 3. He provides his: * DD Form 214 for the period ending 30 April 1991 * State of Pennsylvania Driver's License issued on 12 May 2010 * his United States of America Certificate of Naturalization issued on 28 May 2002 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 enlisted in the Regular Army on 20 February 1990 for a period of 3 years and 14 weeks. He successfully completed training and he was awarded military occupational specialty 11B (infantryman). On 30 April 1991, he was honorably discharged by reason of physical disability with severance pay. 3. Item 5 (DOB) of his DD Form 214 he was issued at the time shows the entry "690706," indicating his DOB as 6 . 4. Review of his Official Military Personnel File (OMPF) revealed that all documents in his record requiring a DOB entry shows his DOB as 6 . Additionally, he signed many of these documents certifying the information provided was correct to the best of his knowledge. 5. He provided a copy of his Certificate of Naturalization, issued on 28 May 2002, and his State of Pennsylvania Driver’s License, issued on 12 May 2010, that shows his DOB as 6 . 6. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION AND CONCLUSIONS: 1. It appears the applicant’s DOB might have been 6 as confirmed by his United States of America Certificate Naturalization and State of Pennsylvania Driver’s License he provided. However, he served in and he was discharged from the Army with his DOB listed as 6 . While his desire to have his record changed to show his correct DOB, there is no basis for compromising the integrity of the Army’s records. 2. 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 the applicant 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. 3. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his 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) AR20110006717 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110006717 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1