BOARD DATE: 4 October 2012 DOCKET NUMBER: AR20120006122 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 (DOB) as 10  . 2. The applicant states his DD Form 214 incorrectly reflects his DOB as 30  . 3. The applicant provides copies of his DD Form 214 and birth certificate. 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 14 February 1969. At the time of his induction he indicated on all of the documents in his records that contain his handwriting that his DOB was 30  . 3. He completed basic training at Fort Bragg, North Carolina, and advanced individual training as an infantry direct fire crewman at Fort Dix, New Jersey, before being transferred to Vietnam on 14 August 1969. 4. He was wounded in action on 13 September 1969. On 14 October 1969, he departed Vietnam and was transferred to Hawaii where he remained until he was transferred to Oakland Army Base, California, where he was honorably released from active duty on 29 November 1970 to attend school. He completed 1 year, 9 months, and 16 days of active service. His DD Form 214 shows his DOB as 30  , the same date that is reflected throughout his records. 5. The birth certificate provided by the applicant reflects his DOB as 10  . 6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. DISCUSSION AND CONCLUSIONS: 1. It must be presumed based on the available evidence that the applicant was inducted and served his entire period under the DOB of 30  . He has offered no explanation as to why he served under a DOB other than that which is listed on his certificate of birth. 2. 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. While it is understandable the applicant desires to now change his 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 the DOB he is currently using will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military record and to satisfy his desire to have his current DOB documented in his official military records. Accordingly, there is no basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X___ ___X_____ ___X_____ DENY APPLICATION 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. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms. __________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) AR20120006122 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120006122 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1