IN THE CASE OF: BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150015159 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: 31 January 2017 DOCKET NUMBER: AR20150015159 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: 31 January 2017 DOCKET NUMBER: AR20150015159 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 3  19XX instead of 5  19XX. 2. The applicant states his DOB is wrong on his DD Form 214 and his correct DOB is 3  19XX. He requested a copy of his military file including his discharge papers and identification card which he has not received. The DD Form 214 he is enclosing is all he has received so far. He had no idea of the error until he had a house fire in 1977. He is trying to obtain all his records so he can sign up for Department of Veterans Affairs benefits. 3. The applicant provides his DD Form 214. 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 (AUS) on 8 May 1962. His DD Form 47 (Record of Induction), dated 8 May 1962, lists his DOB as 5  19XX. 3. His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty lists his DOB as 5  19XX. 4. His record contains several personnel, medical, and legal documents, to include a DA Form 41 (Record of Emergency Data), dated 1August 1962; and Standard Form 89 (Report of Medical History), dated 24 February 1964, that all list his DOB as 5  19XX. He authenticated many of these forms by placing his signature in the appropriate block. 5. He was honorably released from active duty on 27 April 1964 and he was transferred to the U.S. Army Reserve. Item 6 (DOB) of his DD Form 214 lists his DOB as 5  19XX. He authenticated this form by placing his signature in the appropriate block on that date. REFERENCE: Army Regulation 635-5 (Separation Documents), then in effect established standardized policy for preparation of the DD Form 214. It stated 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: 1. The evidence of record confirms when the applicant was inducted into the AUS his DOB was listed as 5  19XX and this was the DOB he used throughout his active duty service. He authenticated many forms verifying this was his DOB. His DD Form 214 correctly shows his DOB as 5  19XX, the DOB he used at the time. 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. 3. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the DOB he may now use and the DOB recorded in his military record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015159 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015159 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2