IN THE CASE OF: BOARD DATE: 25 October 2016 DOCKET NUMBER: AR20150013918 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: 25 October 2016 DOCKET NUMBER: AR20150013918 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: 25 October 2016 DOCKET NUMBER: AR20150013918 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 23 December vice 23 December . 2. The applicant states his DD Form 214 shows an incorrect DOB. 3. The applicant provides his DD Form 214, birth certificate, passport, and military identification (ID) card. 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. On 22 October 1975, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP). His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 22 October 1975, shows his DOB as 23 December . He authenticated this form by placing his signature in the appropriate block on that date. On 28 October 1975, he was discharged from the DEP. 3. On 29 October 1975, he enlisted in the Regular Army (RA). Page 4 of his DD Form 4, dated 29 October 1975, shows his DOB as 23 December . He authenticated this form by placing his signature in the appropriate block on that date. 4. On 13 June 1979, he was honorably discharged from the RA for the purpose of immediate reenlistment. The DD Form 214 he was issued for this period of service is not available for review with this case. 5. On 14 June 1979, he reenlisted in the RA. His DD Form 4, dated 14 June 1979, shows his DOB as 23 December . He authenticated this form by placing his signature in the appropriate block on that date. 6. His record contains numerous personnel, medical, and legal documents, to include a DA Form 428 (Application for Identification Card), dated 27 April 1990; DA Form 873 (Certificate of Clearance and/or Security Determination), dated 14 July 1992; and DA Form 2339 (Application for Voluntary Retirement), dated 18 January 1995, that all show his DOB as 23 December . He authenticated many of these forms by placing his signature in the appropriate block. 7. He was honorably retired on 31 December 1995 and he was placed on the Retired List on 1 January 1996. Item 5 (DOB) of his DD Form 214 shows his DOB as 23 December . 8. The applicant provides his Delayed Certificate of Birth, issued on 7 March 1986, wherein it shows his DOB as 23 December . He also provides a passport and military ID card that both show his DOB as 23 December . REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The evidence of record confirms when the applicant enlisted in the RA, he listed his DOB as 23 December and this is the DOB he used throughout his active duty service. He authenticated many forms verifying this was his DOB. His DD Form 214 correctly shows his DOB as 23 December , the DOB he used at the time. 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 the applicant desires to have the DOB shown on his birth certificate documented 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 Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the DOB he now uses and the DOB recorded in his military 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) AR20150013918 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013918 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2