IN THE CASE OF: BOARD DATE: August 204 DOCKET NUMBER: AR20300228 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: . 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: . The applicant requests correction of his WD AGO Form 3- (Enlisted Record and Report of Separation – Honorable Discharge) to show his date of birth (DOB) as July instead of March . 2. The applicant states his actual birthday is July . He also states he needs this document corrected to receive Department of Veterans Affairs medical care. 3. The applicant provides his WD AGO Form 3- and a Delayed Certificate of Birth. CONSIDERATION OF EVIDENCE: . Title 0, U.S. Code, section 2(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's complete military records are not available to the Board for review. A fire destroyed approximately 8 million service members' records at the National Personnel Records Center in 973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and that provided by the applicant for the Board to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 3- shows: * he was inducted into the Army of the United States on 6 April 943 and he entered active service on 23 April 943. * he was honorably discharged on 9 December 94 for the convenience of ghe Government at demobilization * in item 0 (DOB shows the entry ) – " MAR 24" 4. A Form A (Clinical Record Brief) contained in his available record shows his DOB as March . . He provides a birth certificate, which is not legible. DISCUSSION AND CONCLUSIONS: . His WD AGO Form 3- and a Clinical Record Brief show his DOB as  March . 2. The copy of a birth certificate he provides is not legible. Therefore, there is insufficient evidence to support changing the applicant's WD AGO Form 3- to show the DOB he requests. 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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to have his military records changed to reflect the DOB he requested, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 4. The applicant is advised that a copy of this decisional document will be filed in his official record. . In view of the foregoing, there is no basis for granting the applicant's request. 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) AR20300228 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20300228 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS