ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 June 2021 DOCKET NUMBER: AR20210007276 APPLICANT REQUESTS: correction to item 6 (Date of Birth) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1962. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * certificate of birth FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his date of birth currently shown on his DD Form 214 is incorrect. He requests correction to his date of birth on his DD Form 214 as recorded on his county certificate of birth in. 3. The applicant’s official military personnel file did not contain a copy of his birth certificate. 4. On 1 August 1960 the applicant was inducted into the Army of the United States. During the administrative process of enlisting, government staff prepared the applicant’s DD Form 47 (Record of Induction). A government official signed his DD Form 47 attesting to the fact he met the qualifications for induction into the Army. On his induction form item number 5 (Date of Birth) shows his date of birth as. In addition, his personnel record contains his Standard Form (SF) 89 (Report of Medical History) which he completed during the preinduction processing. His SF 89 which he personally signed shows his date of birth at. Its accompanying form, SF 88 (Report of Medical Examination), also shows his date of birth at. 5. Throughout his 2-year period of active service, personnel entered data on his DA Form 20 (Enlisted Qualification Record). Item 3 (Date of Birth) contains the entry. 6. On 31 July 1962 he was discharged from the Army of the United States. He was issued a DD Form 214 documenting his period of active service. Item 6 (Date of Birth) contains the entry, which is the same date as shown on his record of induction and medical entrance forms. At the time he had an opportunity to review the accuracy of his DD Form 214 and then he personally signed the form. 7. The applicant provided his State of North Carolina Certificate of Birth showing he was born on. This certificate states it is a certified copy of the official record filed in the county office. The certified copy is signed by an official and dated 17 July 2020. It is his date of birth he seeks to correct within his military record. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and regulatory guidance. The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested date of birth during his entire period of service. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 3. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the date of birth recorded in his military records and to satisfy his desire to have his legal date of birth documented in his military records. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 6/3/2021 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. REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army and established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The instructions for completion of Item 4 or Item 9 (Date of Birth) on the respectively issued DD Forms 214, stated to enter the day, month, and year of birth as recorded in the Soldier’s official military personnel record. 3. 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. //NOTHING FOLLOWS//