IN THE CASE OF: BOARD DATE: 19 February 2015 DOCKET NUMBER: AR20140012660 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 social security number (SSN) in a Department of Veterans Affairs (VA) database and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 August 1962 to show his date of birth (DOB) as 13 vice 14 . 2. He states that is his social security for his term of military service was not included when he filed for retirement. He notes that his DD Form 214 shows his correct SSN, but it was not entered correctly in a VA database. 3. The applicant provides a copy of his Certificate of Birth and a copy of his social security card. 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 has requested correction of an entry in a VA database. The ABCMR does not have jurisdiction over VA records. As such, he wilI need to contact the VA for assistance. This portion of his request will not be addressed further in these proceedings. 3. With prior service in the Army National Guard, he entered active duty on 19 October 1961. On 8 August 1962, he was released from active duty. The DD Form 214 he was issued shows his DOB as 14 . 4. There are no documents in his MPRJ that show his DOB as 13 . 5. The birth certificate the applicant provided shows his DOB as 13 . 6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The applicant had an opportunity from 19 October 1961 to 8 August 1962, to correct his DOB; however, he failed to do so. 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 that he now desires to record his DOB in his military records as it is listed on his birth certificate, 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 will be filed in his MPRJ. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his MPRJ and the DOB listed on his birth certificate and to satisfy his desire to have the DOB listed on his birth certificate documented in his MPRJ. 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) AR20140005280 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140012660 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1