IN THE CASE OF: 

		BOARD DATE: 2 September 2021

		DOCKET NUMBER: AR20210008299


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) for the period ending 13 March 19XX to 
show his date of birth (DOB) as shown on his birth certificate.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Two Circuit Court Documents, 8 March 19XX and 17 March 19XX
*	State Certificate of Birth or Stillbirth (2 copies)
*	State Driver's License
*	DD Form 214

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. 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’s military records (i.e., enlistment contracts/records, DD Form 398 
(Statement of Personal History), personnel documents, etc.) are not available for 
review. The Board requested his records from the National Personnel Records Center 
in St. Louis, MO, but no records were located. A thorough review of the integrated 
Personnel Electronic Records Management System and the Integrated Web Services 
also failed to reveal any records. However, the DD Form 214 and documents he 
provided are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the 
United States on 11 October 1965. He was honorably released from active duty on 
13 March 1968. Item 9 (DOB) of his DD Form 214 shows the now contested DOB.

4.  The applicant provided copes of:

	a.  two court documents, 8 March 19XX and 17 March 19XX, changing his name 
subsequent to his military service;

	b.  his State Certificate of Birth or Stillbirth showing his requested DOB as a 
completely different year, month, and day as shown on his DD Form 214; and

	c.  his State driver's license showing his requested DOB.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found relief 
is not warranted.

2.  The Board found insufficient evidence indicating the DOB shown on the applicant's 
Certificate of Birth was made a matter of record during his period of military service.  
Without additional evidence, the Board found it must be presumed that the DOB 
recorded on his DD Form 214 accurately reflects the information available at the time 
the form was completed.  Based on a preponderance of evidence, the Board 
determined the DOB on his DD Form 214 should not be changed.  

3.  The applicant is advised that a copy of these proceedings will be placed in his 
Official Military Personnel File, which will serve to explain the difference in the DOB 
recorded on his DD Form 214 and the DOB shown on his Certificate of Birth.


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.
	 
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, 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 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), 23 January 1967, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army. It established standardized policy for 
preparation of the DD Form 214. 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. For 
item 3, transcribe the SSN from applicable documents. For item 9, transcribe the DOB 
(self-explanatory) from applicable documents.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210008299


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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