IN THE CASE OF: BOARD DATE: 5 February 201 DOCKET NUMBER: AR20130009225 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 the date of birth (DOB) entered on his DD Form 21 (Armed Forces of the United States Report of Transfer or Discharge). 2. He states his DD Form 21 shows his DOB as  December . He was born on  September . 3. He provides his 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. On 3 August 62, the applicant was inducted into the Army of the United States. Item 5 (DOB) of the DD Form 7 (Record of Induction) completed at that time shows his DOB as " Dec 3." 3. A review of his records shows his DOB was recorded as  December throughout his military service with two exceptions: * a DA Form 1 (Record of Emergency Data), dated 7 May 6 and signed by the applicant, shows his DOB as " Dec 37" * a Standard Form 601 (Immunization Record) shows his DOB entered as "12 Apr 3" . On 11 September 6, he was honorably released from active duty. Item 6 (DOB) of his DD Form 21 shows the entry " Dec 3." 5. He provided a birth certificate showing his DOB as  September . DISCUSSION AND CONCLUSIONS: 1. The applicant's military service records show no evidence that he served under the DOB he claims is correct. He was inducted under the DOB shown on his DD Form 21 and there is no evidence indicating the DOB shown on his birth certificate was ever entered in his records. 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 that the applicant desires to record the DOB shown on his birth certificate 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 will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the difference between the DOB recorded in his military records and the DOB shown on his birth certificate. 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) AR20130009225 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130009225 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1