ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


   
                  BOARD DATE:  9 April 2019

                  DOCKET NUMBER:  AR20160014478


APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his date of birth (DOB) as .

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Birth
*	Social Security Card
*	DD Form 214

FACTS: 

1.  While it appears the applicant did not file within the time frame provided in the statute 
of limitations, the Army Board for Correction of Military Records (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 states, the DOB on his DD Form 214 is incorrect.  The correct DOB is 
XXXXXviceXXXXX.  He initially submitted an application on 9 November 2011; 
however, he never received a response from ABCMR.

3.  The applicant enlisted in the Regular Army, with parental consent, on 3 January 
1963.  His DD Form 4 (Enlistment Record-Armed Forces of the United States) records 
his DOB as .  Based upon his DD Form 4, and the DD Form 373 
(Consent, Declaration of Parent or Legal Guardian) his mother signed, he was 17 years 
and 3 days old on the date he signed his enlistment contract.  

4.  All of the documents in his military record, including his DD Form 214, reflect his 
DOB as .  

5.  Army Regulation 635-5 (Separation Documents), prescribes policies and procedures 
for the completion of the DD Form 214.  Item 6 (DOB) is self-explanatory.  

6.  The applicant provides his birth certificate, which shows his DOB as 26 January 
1946.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  There is no evidence in the applicant’s record of the 
birthdate on the birth certificate that the applicant provided.  The Board agreed 
regulatory guidance provides for the maintaining of military records as they were during 
the member’s period of service.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	      :	      :	FULL GRANT

:	      :	      :	PARTIAL GRANT

:	      :	      :	FORMAL HEARING GRANT

: X	:X	:X	 DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The applicant is advised that a copy of this decisional document will be filed in his 
official military personnel file.  This should serve to clarify any questions or confusion 
about the difference in the date of birth recorded in his military records and the date of 
birth on his birth certificate. 


												 
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.


ADMINISTRATIVE NOTES(S): 

Not Applicable.

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 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.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, states, the 
purpose of a separation document is to provide the individual with documentary 
evidence of his initial service.  It is a vital record for interested Government agencies, 
which assist the Veteran in obtaining the rights and benefits to which he in entitled.  It is 
important that information entered thereon is complete and accurate.  Accordingly, local 
procedure will be established to insure that entries on the forms are verified against 
source documents for completeness and accuracy.  For item 6 (DOB) on the DD Form 
214, is self-explanatory. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)                                                  AR20160014478
	 	
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