IN THE CASE OF: BOARD DATE: 2 April 2015 DOCKET NUMBER: AR20140013964 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 "YYMM22" vice "YYMM02." 2. The applicant states, in effect, the day of his birth was listed incorrectly on his DD Form 214. 3. The applicant provides copies of his DD Form 214, social security card, and his State of Illinois Identification 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. The applicant’s military records, i.e., enlistment contracts/records, National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), DD Form 398 (Statement of Personal History), etc., are not available for review. The Board requested a copy of his records from the National Personnel Records Center in St. Louis, but none were located. A thorough review of the integrated Personnel Electronic Records Management System (iPERMS) and the Integrated Web Services (IWS) system also failed to contain any records. However, the DD Form 214 he provided is sufficient for the Board to conduct a fair and impartial review of his case. 3. His DD Form 214 shows he entered active duty training from the Army National Guard on 23 November 1989 and he was released from active duty on 9 April 1990. Item 5 (DOB) of this form shows his DOB as "YYMM02." 4. He provided a copy of his social security card, which does not show his DOB, and a copy of his State of Illinois Identification Card that shows his DOB as "YYMM22." 5. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that 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 AND CONCLUSIONS: 1. The available evidence of record shows the applicant's DOB was listed as "YYMM02." This is the only DOB listed in his available military records, i.e., the DD Form 214 he provided. 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 the applicant desires to now record a different DOB 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. Therefore, lacking convincing independent and verifiable evidence to the contrary, e.g., enlistment contracts/records, NGB Form 22, DD Form 398, etc., it is presumed that the applicant’s DD Form 214 was correct at the time it was created, and there is insufficient evidence to grant the requested relief in this case. 4. The applicant is advised that a copy of this decisional document will be filed in his reconstructed record. This should serve to clarify any questions or confusion regarding the difference in information recorded in his military record and to satisfy his desire to have the correct information documented in his record. 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) AR20140005847 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140013964 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1