BOARD DATE: 21 January 2016 DOCKET NUMBER: AR20150007669 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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 27 19xx vice 28 19xx. 2. The applicant states his old certificate of birth shows two dates, 27 and 28  19xx and he used the 28 19xx DOB. He had to get a new certificate listing only the 27 19xx DOB. 3. The applicant provides his DD Form 214, a state driver license, foreign certificate of birth showing both dates, and a reissued certificate of birth showing the 28 19xx DOB. 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 15 February 1979. Item 7 (DOB) of his DD Form 4 (Enlistment/Reenlistment Document) shows his DOB as 28 19xx. 3. He underwent an enlistment physical at the military entrance processing station. His entrance physical and allied documents listed his DOB as 28 19xx. 4. He was discharged from the DEP on 2 April 1979 and enlisted in the Regular Army on 3 April 1979. His DA Form 2A (Personnel Qualification Record-Part I) and/or DA Form 2-1 (Personnel Qualification Record-Part II), which were created upon his entry on active duty, listed his DOB as 28 19xx. 5. He was honorably released from active duty on 2 April 1982. Item 5 (DOB) of his DD Form 214 shows his DOB as 28 19xx. 6. He enlisted in the U.S. Army Reserve on 28 June 1985. His Reserve enlistment contract and allied documents also listed his DOB as 28 19xx. 7. He provides: a. A foreign certificate of birth listing both dates, 27 and 28 19xx. b. A certificate of birth, dated (issued) 11 2010, listing a similar name with the DOB as 27 19xx. c. A state driver license also listing a similar name with the DOB as 27  19xx. 8. Army Regulation 635-5 (Separation Documents) at the time established 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 consistently used 28 19xx as his DOB during the entire period of his military service. He authenticated some documents that contained this DOB. He did not use the 27 19xx 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 certificate 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) AR20150007669 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007669 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1