IN THE CASE OF: BOARD DATE: 10 September 2013 DOCKET NUMBER: AR20130002608 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 25 xxxx, versus 24 xxxx. 2. The applicant states his DOB should be 25 xxxx. 3. The applicant provides his: * DD Form 214 * State of Florida Certificate of Birth * State of Michigan, County of Wayne, court order for name change 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 11 January 1960. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 24 xxxx. 3. He entered active duty, completed initial entry training, and was awarded military occupational specialty (MOS) 112.10 (Heavy Weapons Infantryman). 4. On 12 March 1962, he was released from active duty, under honorable conditions, and transferred to the U.S. Army Reserve. Item 6 (DOB) of his DD Form 214 shows 24 xxxx. 5. His Military Personnel Records Jacket (MPRJ) contains various official personnel and medical documents that show his DOB as 24 xxxx. When required, he placed his signature where necessary. The requested DOB does not appear in his MPRJ. 6. He provides his State of Florida Certificate of Birth, which shows his DOB as 25 xxxx. 7. 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. 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. The applicant contends his DD Form 214 should be corrected to show his DOB as 25 xxxx. 2. The evidence of record shows he listed 24 xxxx as his DOB throughout his entire period of service and he authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of this DOB. This DOB is consistent throughout all documents in his MPRJ. 3. He submitted his State of Florida Certificate of Birth, which shows his DOB as 25 xxxx; however, he did not use this DOB during his entire period of military service. 4. 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 that he now desires to record the DOB shown on his State of Florida Certificate of Birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 5. In view of the foregoing, there is an insufficient basis to grant relief in this case. 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) AR20100016239 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130002608 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1