IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005947 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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her date of birth (DOB) as versus . 2. The applicant states, in effect, her DOB is incorrectly shown on her DD Form 214. 3. The applicant provides her DD Form 214 and her Indiana State Board of Health Certificate of Birth. 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 2 October 1979. Her DD Form 4 (Enlistment Record – Armed Forces of the United States) and allied documents including the DD Form 1966 (Application for Enlistment – Armed Forces of the United States) show her DOB as . 3. She was honorably released from active duty on 2 May 1980. Her DD Form 214 shows her DOB as . 4. Her Military Personnel Records Jacket (MPRJ) contains various official personnel and medical documents that show her DOB as . When required, she authenticated these documents with her signature. This date is consistently used to represent her DOB throughout the entire period of her active military service; however, on one occasion she listed her DOB as 6 June 1961. The requested DOB does not appear in her MPRJ. 5. She provides her Indiana State Board of Health Certificate of Birth, which shows her DOB as 7 July 1960. 6. Army Regulation 635-5 (Separation Documents) 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 preparation of the DD Form 214. 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. The applicant's request for correction of her DD Form 214 to show a different DOB was carefully considered. 2. The applicant's available record shows she listed as her DOB throughout the entire period of her active military service, with one noted exception where she listed 6 June 1961 as her DOB. Her DOB is consistently represented in the documents contained in her MPRJ as . She authenticated many documents by placing her full signature in the appropriate block attesting to the correctness of the represented DOB. 3. She provides a copy of her Indiana State Board of Health Certificate of Birth, which shows her DOB as 7 July 1960; however, she did not claim this DOB during her entire period of military service. 4. 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 evidence showing a material error or injustice, there is a reluctance to recommend that those records be changed. 5. It is presumed that the applicant's DD Form 214 was correct at the time it was created. It is understandable that she now desires to record a different DOB in her military records and on her DD Form 214; her birth certificate suggests her DD Form 214 is in error. However, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. The applicant is advised that a copy of this decisional document will be filed in her records to clarify the difference between the DOB listed in his records and that listed 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) AR20100016239 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005947 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1