BOARD DATE: 30 July 2015 DOCKET NUMBER: AR20150000088 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the date of birth (DOB) that is reflected on his birth certificate. 2. The applicant states that his DD Form 214 contains an incorrect DOB. 3. The applicant provides a copy of his birth certificate. 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 on 5 November 1963 and at the time of his induction he indicated that his DOB is the DOB that is reflected on his DD Form 214 and throughout his official records. 3. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a light weapons infantryman at Fort Gordon, Georgia before being transferred to Germany on 23 March 1964. 4. He departed Germany on 14 October 1965 and was transferred to Fort Hamilton, New York where he was honorably released from active duty (REFRAD) on 26 October 1965 as an overseas returnee. His DD Form 214 issued at the time of his REFRAD reflects the DOB he used during his entire period of service. 5. There are no other documents in the available records that show any other DOB than that listed on his DD Form 214. 6. The applicant now provides a copy of his birth certificate showing his DOB as 21 February 1939. 7. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation. DISCUSSION AND CONCLUSIONS: 1. At the time the applicant was inducted his DOB was reflected in his records as is reflected on his DD Form 214 and he has not offered any explanation as to why he served under this DOB. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief. 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 his DOB as shown on his birth certificate 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 records. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his DOB as shown on his birth certificate documented in his official records. 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) AR20150000088 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150000088 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1