IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150005090 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 24 vice 27 . 2. The applicant states his DOB was erroneously entered on all records and documents because that is what he thought was true and correct when he entered the service. He was inducted on 4 October 1966 and separated on 3 October 1968. He received his original birth certificate which lists a different DOB. After his father died in 1981, his mother gave him his birth certificate which he states he then saw for the first time. He initially thought it did not make a difference that his records were incorrect but he now wants his records to reflect his correct DOB. 3. The applicant provides his DD Form 214 and certificate 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. In connection with his induction into the Army of the United States (AUS) the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 27 . He authenticated this form by placing his signature in the appropriate block. 3. His records show he was inducted into the AUS on 4 October 1966. Item 5 (DOB) of his DD Form 47 (Induction Record) lists his DOB as 27 . 4. His DA Form 20 (Enlisted Qualification Record) which was created upon his induction lists his DOB as 27 . He reviewed this form at a later date and placed his signature in the appropriate block. 5. His official records contain various documents, including a DA Form 3027 (U.S. Army Request for National Agency Check) and a record of emergency data, that list his DOB as 27 . He authenticated some of these documents when it was appropriate by placing his signature in the appropriate block. 6. He was honorably released from active duty on 3 October 1968. Item 9 (DOB) of his DD Form 214 lists his DOB as 27 . He authenticated this form by placing his signature in the appropriate block. 7. He submitted a copy of his birth certificate that shows his DOB as 24 . 8. Army Regulation 635-5 (Separation Documents) establishes 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. It is important that information entered on the form should be complete and accurate. DISCUSSION AND CONCLUSIONS: 1. The applicant listed his DOB of 27 upon induction into the AUS. This DOB was consistently used throughout his period of military service. He authenticated several documents in his record by placing his signature in the appropriate block indicating this was his correct DOB. The applicant presents a birth certificate showing a different date than the one documented in his military records and states he was unaware of his actual DOB until his father’s death in 1981. 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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to now record the requested DOB 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. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to support changing his record. 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) AR20150005090 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005090 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1