IN THE CASE OF: BOARD DATE: 31 July 2012 DOCKET NUMBER: AR20120001540 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 item 4 (Date of Birth (DOB)) on his DD Form 214 (Report of Separation from Active Duty) to show the year in which he was born as "" instead of "." 2. The applicant states he was actually born in the year 19 and a clerical error was made on his DD form 214. 3. The applicant provides his Certification 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. On 21 January 1974, the applicant underwent a medical examination for the purpose of enlisting in the Regular Army (RA). His Standard Form 88 (Report of Medical Examination) shows his DOB as 19 January 19. 3. The applicant enlisted in the RA with parental consent on 4 March 1974. His DD Form 373 (Consent, Declaration of Parent or Legal Guardian) and his DD Form 4 (Enlistment Contract) show his DOB as 19 January 19. At the time of his enlistment, he completed a DD Form 398 (Statement of Personal History) indicating that his DOB is 19 January 19. 4. The applicant's official military record contains a DD Form 372 (Application for Verification of Birth), dated 26 February 1974, which shows his DOB as 19 January 19. 5. Except for the Standard Form 88 that was completed on 21 January 1974, all other documentation contained in the applicant's official record requiring the use of his DOB shows 19 January 19 as his DOB. 6. After completing 8 months and 18 days of net active service this period, the applicant was discharged under honorable conditions on 21 November 1974. Item 3 on his DD Form 214 shows his DOB as 19 January 19. 7. He provided his Certification of Birth issued on 16 February 1983 that shows 19 January 19 as his DOB. The file number on the Certification of Birth does not match the Birth Certificate file number shown in his official record. 8. 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 the preparation of the DD Form 214 and states 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. At the time of the applicant’s enlistment, he completed a DD Form 398 stating that his DOB was 19 January 19. Except for the Standard Form 88 that was completed on 21 January 1974, prior to his enlistment, all other documentation contained in his official record requiring the use of his DOB shows 19 January 19 as his DOB. 2. The applicant used 19 January 19 as his DOB throughout his Army service and it was annotated on his DD Form 214. The file number on his Certification of Birth he submits does not match the Certificate of Birth file number shown in his official record. 3. While his desire to have his DD Form 214 reflect the DOB shown on the Certification of Birth he submits is understandable, there is no basis for compromising the integrity of the Army's records. 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. 4. In view of the foregoing, the applicant's request should be denied. 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 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) AR20120001540 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120001540 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1