IN THE CASE OF: BOARD DATE: 26 May 2016 DOCKET NUMBER: AR20150009687 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: 26 May 2016 DOCKET NUMBER: AR20150009687 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 26 May 2016 DOCKET NUMBER: AR20150009687 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) by listing his date of birth (DOB) as April 19XX instead of January 19XX. 2. The applicant states the DOB listed on his DD Form 214 does not match the DOB listed on his birth certificate. 3. The applicant provides: * DD Form 214 * photocopy of driver's license and social security card * letter from the National Personnel Records Center, dated 26 May 2015, with enclosure * Standard Form 180 (Request Pertaining to Military Records) 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 was inducted into the Army of the United States on 30 September 1963. 3. He was honorably released from active duty on 29 September 1965. His DD Form 214 lists his DOB as January 19XX. 4. His available service record contains no documents that list his DOB as April 19XX. All documents available reflect his DOB as January 19XX. These include: * DD Form 47 (Record of Induction) * DA Form 20 (Enlisted Qualification Record) * DD Form 398 (Statement of Personal History) * DA Form 428 (Application for Identification Card) 5. The applicant provides a driver's license that shows his DOB as April 19XX. His birth certificate is not contained in the available service record and he did not provide it. REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214. Source documents include the DA Form 20 as well as orders. The DOB to be shown on the DD Form 214 is taken from these source documents. DISCUSSION: 1. The applicant requests his DD Form 214 be changed to reflect his DOB as  April 19XX instead of January 19XX. A review of his records reveals no documents that show his DOB as  April 19XX. All documents available reflect his DOB as January 19XX. However, his birth certificate is not available. 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 now desires to record the DOB listed on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records. 3. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records, including his DD Form 214, were correct at the time they were created. 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 he desires to be listed on in his record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009687 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009687 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2