IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150009039 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150009039 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. Enclosure 1 IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150009039 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 5 XXX1. 2. The applicant states he has been using one DOB for military issues and another DOB for social security issues which is causing a problem with his Medicare and Social Security benefits. 3. The applicant provides his birth certificate, military retirement orders, and DD Form 214. 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 Regular Army on 8 April 1961. Item15 (DOB) of his DD Form 4 (Enlistment Record-Armed Forces of the United States) shows his DOB as 4 XXX2. 3. The applicant retired from active duty on 31 1981. Item 5 (DOB) of his DD Form 214 shows his DOB as 4 XXX2. 4. A review of documents contained in his military personnel record shows his DOB appears as 4 XXX2 on all documents that require a DOB entry. 5. He provided a copy of his Certificate of Birth issued by the State of Louisiana which lists his DOB as 5 XXX1. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. This regulation states 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. It states the entry for item 5 is self-explanatory. DISCUSSION: 1. A review of his records revealed no evidence indicating the DOB shown on his birth certificate was recorded as his DOB during his military service. The record of evidence shows he enlisted and served using 4 XXX1 as his DOB. 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 that the applicant desires to now record the DOB as shown on his birth certificate 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 will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the different DOB recorded in his military records and to satisfy his desire to have the DOB shown on his birth certificate documented in his military records. //Nothing Follows// ABCMR Record of Proceedings AR20150000953 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009039 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2