IN THE CASE OF: BOARD DATE: 7 February 2013 DOCKET NUMBER: AR20120013544 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, that his date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected. 2. The applicant states that his DD Form 214 shows his DOB is 11 November XXX7 and his actual DOB is 12 October XXX6. 3. The applicant provides copies of his DD Form 214 and a copy of his State of New Mexico Certificate of Live Birth. CONSIDERATION OF EVIDENCE: 1. The applicant was inducted into the Army of the United States on 6 January 1967. 2. The applicant's Army Military Human Resources Record (AMHRR) contains a DD Form 47 (Record of Induction) that was completed on 12 October 1966, which shows in item 5 (DOB) 11 November XXX7. 3. His record contains a DA Form 20 (Enlisted Qualification Record), dated 12 January 1967, that shows in item 6 (DOB) 11 November XXX7. 4. On 28 January 1969, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (Annual Training). He completed a total of 2 years of creditable active duty service. The applicant's DD Form 214 shows in item 9 (DOB) 11 November XXX7. 5. The applicant submitted a copy of a State of New Mexico Certificate of Live Birth issued on 6 December 1946, which shows his DOB as 12 October XXX6. 6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. This Army regulation states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. (Item 9 - DOB) shows "self-explanatory." 7. 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 regulation provides that 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 AND CONCLUSIONS: 1. The applicant’s contends that his DD Form 214 should be changed to reflect that his DOB is 12 October XXX6. 2. While it is understood that the applicant desires to have his DD Form 214 corrected to show 12 October XXX6, the DOB he now claims is his correct, the applicant was inducted into the Army using the DOB that is shown on his DD Form 47. He continued to use this DOB throughout his military career. Therefore, it would not be appropriate to change his record at this late date. 3. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. 4. A copy of this decisional document will be filed in his AMHRR. This should serve to clarify any questions or confusion regarding his DOB as it relates to his military service. 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) AR20120013544 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120013544 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1