ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  3 July 2019

	DOCKET NUMBER:  AR20170002975


APPLICANT REQUESTS:  correction of his birth date

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	 Certificate of Vital Record (Certification of Birth), dated filed 

*	DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records 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 please correct his DD Form 214 (Report of Separation from 
Active Duty) for the period ending 5 March 1985 to show his correct date of birth (DOB) 
year as "" instead of "." and middle name as “Bxxx” instead of “Bxxx”.

3.  The applicant enlisted in the Regular Army on 18 July 1979.  His DD Form 4 
(Enlistment Contract – Armed Forces of the United States) shows he listed the spelling 
of his middle name as "" and his date of birth year as "" and signed the 
document on 30 October 1978. 

4.  The applicant was discharged from active duty on 5 March 1985.  Item 1 (Name – 
Last, First, Middle) of his DD Form 214 shows his middle name as “Bxxx”.  Item 4 (DOB 
– Year, Month, Day) of his DD Form 214 shows his year of birth as "" representing 
the year 1959. 

5.  A review of his official military personnel file revealed all documents showing his 
middle name was spelled consistently as "Bryant" throughout his military service and all 
documents containing his DOB shows his year of birth as "" throughout his military 
service.
 6.  Army Regulation 635-5 (Separation Documents), directed to enter the last name, 
first name, and full middle name or names, if applicable, in item 1 at the time of 
separation.  

7.  Army Regulation 635-5 (Separation Documents), dated 20 August 1973, directed to 
transcribe the DOB from applicable documents in item 4 at the time of separation.   

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined the evidence 
presented does not demonstrate the existence of a probable error or injustice.  The 
applicant used the contested name and DOB during his entire period of service.  
Therefore, the majority of the Board determined the overall merits of this case are 
insufficient as a basis for correction of the records of the individual concerned.  One 
member voted to grant relief as his official documentation shows he used incorrect 
information during his career.

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. 

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 name and DOB recorded in his military records and to satisfy his desire 
to have his DOB and name documented in his military records.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:x	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: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, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-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), prescribes 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.
 
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170002975

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