IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150018025 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: 13 April 2017 DOCKET NUMBER: AR20150018025 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: 13 April 2017 DOCKET NUMBER: AR20150018025 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 (Report of Separation from Active Duty) for the period ending 31 July 1975 to show his date of birth (DOB) as XX June instead of XX June . 2. The applicant states his birth certificate from the County of San Bernardino, CA, shows his DOB as XX June . 3. The applicant provides: * DD Form 214 for the period ending 31 July 1975 * 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. The applicant was inducted into the Army of the United States on 23 May 1955. His DD Form 47 (Induction Record) shows his DOB as XX June . 3. He was honorably discharged on 10 March 1957 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 11 March 1957 and remained on active duty through continuous reenlistments until he retired on 31 July 1975. 4. His DA Form 20 (Enlisted Qualification Record) and all of his service personnel records, including his DD Forms 214, show his DOB as XX June . 5. His records contain a Standard Form 180 (Request Pertaining to Military Records), dated 15 March 1980, wherein he recorded his DOB as XX June . 6. He provided a copy of his birth certificate showing his DOB as XX June . REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated it is of paramount importance that the information entered on the DD Form 214 be complete, accurate, and in accordance with authorized entries. The DA Form 20 and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing the DD Form 214 Worksheet. However, personnel officers should review all available documents. DISCUSSION: 1. The applicant contends the DOB shown on his DD Form 214 for the period ending 31 July 1975 is incorrect. 2. Although the birth certificate provided by the applicant shows his DOB as XX June , the evidence of record indicates he reported his DOB as XX June at the time of his induction in 1955 and he served in and retired from active duty using the DOB of XX June . 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 a different DOB in his military records, 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 military records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and the DOB shown on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018025 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018025 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2