IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009769 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 April 2016 DOCKET NUMBER: AR20150009769 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 April 2016 DOCKET NUMBER: AR20150009769 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his date of birth (DOB) as 28  19XX in lieu of 29  19XX. 2. The applicant states his DOB was incorrectly entered on his birth certificate by Westlake Hospital. He discovered the error on 8 August 2014. 3. The applicant provides: * voided birth certificate * DD Form 214 * driver’s license 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 26 November 1965. Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) shows his DOB as 29  19XX. 3. Item 6 (Date of Birth) of his DA Form 20 (Enlisted Qualification Record) shows his DOB as 29  19XX. 4. On 16 October 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 9 (Date of Birth) of his DD Form 214 shows his DOB as 29  19XX. 5. The applicant provided a voided copy of his birth certificate issued on 8 August 2014 and a copy of his driver’s license, both of which show his DOB as 28  19XX. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide an individual with documentary evidence of his or her military service. It is important that information entered on the form is complete and accurate. The instructions for item 9 are self-explanatory. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. There is no evidence the DOB shown on his birth certificate was ever recorded in his military records. The DOB shown on his DD Form 214 is the same DOB used throughout his military service records, to include his record of induction. 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 understandable that the applicant desires to now record his DOB in his military records as it is shown on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 3. A copy of this decisional document will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and the DOB shown on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009769 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009769 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2