IN THE CASE OF: BOARD DATE: 9 December 2014 DOCKET NUMBER: AR20140007855 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 that his military records be corrected to show his day of birth is the 8th instead of the 7th. 2. The applicant states, in effect, that he had to request a birth certificate to apply for Social Security and discovered that his date of birth is the 8th instead of the 7th. He desires his records be corrected to reflect his correct day of birth. 3. The applicant provides a copy of his 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 initially enlisted in the Regular Army on 17 June 1968 and served until he was honorably released from active duty (REFRAD) on 23 December 1970. He served that tour of duty using the date of birth as 7 January 1948. 3. He again enlisted in the Regular Army on 12 November 1975 and he continued to serve through a series of reenlistments until he was retired on 31 August 1990 due to length of service. He had served 20 years and 29 days of active service. His DD Form 214 issued at the time of his retirement shows his date of birth as 7 January 1948. 4. A review of his official records shows he served all of his enlistments with a date of birth of 7 January 1948. 5. The birth certificate provided by the applicant shows his date of birth as 8 January 1948. DISCUSSION AND CONCLUSIONS: 1. The applicant’s records reflect the day of birth in which he served under his entire career and at the time he was retired, and his DD Form 214 correctly reflects that information. Accordingly, there is no error or injustice in his case. 2. 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. 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 change his day 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 along with his application will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the day of birth recorded in his military record and to satisfy his desire to have his correct day of birth documented in his OMPF. Accordingly, there is no basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20140007855 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140007855 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1