IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150007139 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 (Report of Separation from Active Duty) for the period ending 19 March 1979 to show his date of birth (DOB) as 30 vice 31 J 19XX. 2. The applicant states the DOB needs to be corrected. 3. The applicant provides a certified transcript 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. The applicant enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 19 February 1976. Item 7 (DOB) of his DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) listed his DOB as 31 J. All allied documents also listed the same DOB. He authenticated this form by placing his signature, as required, in the appropriate blocks. 3. He was discharged from the DEP and subsequently enlisted in the Regular Army on 19 March 1976. His DA Form 2A (Personnel Qualification Record (PQR)-Part I) and/or DA Form 2-1 (PQR-Part II) which were created upon his entry on active duty listed his DOB as 31 J. 4. Several additional personnel, medical, and administrative documents in his service record reflect his DOB as 31 J and include: * Standard Form 88 (Report of Medical Examination) * DA Form 428 (Application for Identification Card) * DD Form 93 (Record of Emergency Data) 5. He was honorably released from active duty on 19 March 1979. Item 4 (DOB) of the DD Form 214 he was issued for this period of service shows his DOB as 31 J 19XX. 6. He submitted a certified transcript of birth, issued on 24 J 2014, listing a similar name but with the DOB as 30 J. 7. Army Regulation 635-5 (Separation Documents) served as the authority for the preparation of the DD Form 214 at the time. It provided that the DD Form 214 would be prepared to reflect an individual's service as it existed on the date of release from active duty or discharge. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant consistently used 31 J 19XX as his DOB during his entire period of military service. He authenticated several documents that contain this DOB. He did not use the requested DOB at any time during his military service. 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 understood that he desires to now record a different 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 that his military service records including the DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing his DOB. 4. A copy of this decisional document will be filed in his records to clarify the difference between the DOB listed in his records and the DOB listed on the transcript of birth he provides. 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) AR20150007139 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007139 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1