IN THE CASE OF: BOARD DATE: 17 April 2012 DOCKET NUMBER: AR20110020948 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 reconsideration of the Board's denial of his previous request that his date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to show he was born in instead of . 2. He states his birth certificate shows his year of birth as . 3. He provides a new (recently issued) birth certificate. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100018233, on 20 January 2011. 2. He was inducted into the Army of the United States on 25 September 1968. 3. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows he was born in . 4. Item 6 (DOB) of his DA Form 20 (Enlisted Qualification Record) shows he was born in . 5. On 18 September 1970, he was released from active duty. Item 9 (DOB) of his DD Form 214 shows he was born in . 6. The applicant provided a new birth certificate issued by the Department of Health, Government of Puerto Rico on 28 February 2011 which shows he was born in . 7. Army Regulation 601-210 (Qualifications and Procedures for Processing Applicants for Enlistment and Reenlistment in the Regular Army), then in effect, stated the age of all applicants would be verified through the submission by the applicant of a birth certificate or statements from the State Registrar of Vital Statistics, or other similar state official. If no record was available, age could also be verified through a baptismal record or a sworn statement of one or both parents or legal guardian supported by school records from first school attended or certificates from the physician in attendance at birth. 8. The government of Puerto Rico enacted a new birth certificate law (Law 191 of 2009, amended June 2010) to strengthen the issuance and usage of birth certificates, to combat fraud and protect the identity and credit of all people born in Puerto Rico. Starting 1 July 2010, the Puerto Rico Department of Health began issuing new, more secure birth certificates through the Vital Statistics Record Office. DISCUSSION AND CONCLUSIONS: 1. The applicant's new birth certificate shows he was born in . 2. His DD Form 47, DA Form 20, and DD Form 214 all show his year of birth as . There is no record of what document was used to verify his DOB at the time of induction. 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. While it is understandable the applicant desires to now record his correct 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. This Record of Proceedings, along with his application and supporting documents, will be filed in his military record in order provide clarity and to deal with any confusion that might arise regarding the difference in his DOB. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the DOB under which he served. 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 to amend the decision of the ABCMR set forth in Docket Number AR20100018233, dated 20 January 2011. _______ _ _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) AR20110020948 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110020948 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1