IN THE CASE OF: BOARD DATE: November 2013 DOCKET NUMBER: AR201300055 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) ending on 28 June 191 to show in Item 9 (Date of Birth (DOB)) his year of birth as 194 vice 194. 2. The applicant states upon entry into the Army, the recruiting official placed his year of birth as 194 so he could join the Army. Because he was only 1 years of age at the time, his father and mother had to sign/consent so that he could join the Army. He begged them to sign and they agreed. At the time he was no longer going to school and the possibility of going to jail was great. He informed recruiting officials of the error but without a birth certificate, there was not much they could do. 3. The applicant provides: * DD Form 214 * Certificate of Live 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 22 April 194, the applicant enlisted in the Regular Army. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13A (Field Artillery Basic). He was released from active duty on 11 April 19 and transferred to the USAR Control Group to complete his remaining military service obligation. He reenlisted in the Regular Army on 29 June 19. He completed advanced individual training and was awarded MOS P (Stock Control and Accounting Specialist). 3. The applicant's records include documents which show various DOB’s. However, it also contains a DD Form 33 (Consent, Declaration of Parent or Legal Guardian), Standard Form 88 (Report of Medical Examination), DD Form 4 (Enlistment Record-Armed Forces of the United States), and two DA Forms 20 (Enlisted Qualification Record). All of these forms list his year of birth as 194. 4. He was honorably discharged from active duty on 28 June 191. Item 9 (Date of Birth) of his DD Form 214 lists his year of birth as 194. He authenticated this form with his signature. 5. He provides a birth certificate of an individual with the same name and with a year of birth listed as 194. . Army Regulation 35-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant used the year of birth as 194 throughout his first and second enlistment in the RA. His year of birth is consistent with the year of birth on all official military records throughout his entire military service. He authenticated several forms that contain this year of birth. 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. While it is understandable the applicant desires to now record a different year 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. 3. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File (OMPF)). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military records and to satisfy his desire to have his DOB as shown on his birth certificate documented in his AMHRR. 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 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) AR201300055 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR201300055 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1