IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150008585 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150008585 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. IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150008585 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 "23 19XX" instead of "25 19XX." 2. The applicant states the wrong DOB is listed on his DD Form 214. 3. The applicant provides copies of his: * DD Form 214 * Certificate of Live 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 was initially inducted into the Army of the United States on 4 November 1968 and he served until he was discharged on 6 November 1968 for the purpose of enlistment Regular Army (RA). The DD Form 47 (Record of Induction) prepared at the time of his induction shows in item 5 (DOB) the entry "25 Aug 19XX." 3. On 7 November 1968, the applicant enlisted in the RA and served until he was honorably released from active duty on 10 September 1971. His DD Form 214 contains the entry "25 Aug XX" in item 9 (DOB). 4. All of the documents in the applicant's record which include his DOB list it as 25 19XX. 5. The applicant provides a copy of his Certificate of Live Birth issued on 15 December 2000. It list his DOB as “23 19XX." DISCUSSION: 1. The applicant contends his record should be corrected to show his correct DOB as "23 19XX” instead of “23 19XX." 2. The available evidence shows he served exclusively using the DOB of "25 19XX." 3. 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 record his correct DOB in his military record, 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, which confirms his correct DOB, will be filed in his record. This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have the DOB on his certificate of birth documented in those records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008585 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008585 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2