ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 July 2020DOCKET NUMBER: AR20170004485 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: (X=, Y= .his correct date of birth (DOB) as X instead of Y .he did not receive separation pay APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: .DD Form 149 (Application for Correction of Military Record) .DD Form 214 (Certificate of Release or Discharge from Active Duty) .State of Driver's License FACTS: 1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file. 2.The applicant states receipt of separation pay and his DOB are incorrect, and herequests they be corrected. On his DD Form 214, the Army listed he receivedseparation pay of $17,214.12. This is incorrect. He did not receive any separation payand was not informed of why he was receiving the pay. The Department of VeteransAffairs is withholding his disability compensation as a result of the separation pay listedon his DD Form 214. In addition, his actual date of birth is X. On his dischargepaperwork, it is listed as Y. 3.The applicant's available service records contain the following documents for theBoard's consideration: a.A DA Form 4 (Enlistment/Reenlistment Document Armed Forces of the UnitedStates), which shows he reenlisted in the Regular Army on 15 October 1998 for a period of 2 years. His DOB is listed as Y. b.A DD Form 214, which shows: .he was discharged on 14 October 2000 .his DOB is listed as Y .he had completed 9 years and 26 days of active duty service .he was not transferred into a US Army Reserve Control Group .he received separation pay in the amount of $17,214.12 .the reason for discharge was completion of required active service c.Orders 222-0213, published by Headquarters, III Corps and Fort Hood, dated 9 August 2000, which separate the applicant from the Army effective 14 October 2000. The orders state the applicant is authorized full separation pay in accordance with Title 10 US Code 1174. 4.A review of the applicant's records reveals all applicable documents contain hiscontested DOB. 5.The applicant provides the following documents for the Board's consideration: a.His DD Form 214, which was present in the applicant's service records. b.A State of Driver's License, which shows his birthday as X. 6.The applicant of record contacted the Defense Finance and Accounting Service(DFAS) on 24 July 2020. DFAS responded the same day stating the applicant receivedseparation pay in the amount of $17,214.12 posted on 3 November 2000 with $4,819.95withheld for federal taxes. DFAS included the applicant's pay documents showing theamounts mentioned. 7.See applicable references below. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. 1.Regarding the applicant’s request to correct his date of birth, the applicant’s record isvoid of the birthdate listed on the driver’s license the applicant provided. Furthermore, the applicant attested to his birthdate on his DD Form 4 Enlistment Contract, which is the same date of birth reflected on the applicant’s DD Form 214. The Board agreed regulatory guidance provides for the maintaining of military records as they were during the member’s period of service and that the DOB in the applicant's records reflected the circumstances at the time of his service. The applicant is advised that a copy of this decision will be placed in his records to clarify the difference between the DOB in his records and the DOB he uses today.2.Regarding the applicant’s request for separation pay, his pay records indicate hereceived the correct amount due him; the Board found no error or injustice to correct.BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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. X 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 militaryrecords 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 oflimitations if the ABCMR determines it would be in the interest of justice to do so. 2.Army Regulation 635-5 (Separation Documents) prescribes the separationdocuments prepared for Soldiers upon retirement, discharge, or release from activemilitary service or control of the Army. It establishes standardized policy for thepreparation of the DD Form 214. For item 5, enter date using six–digit number in thisitem; year, month, and day written in that sequence without spaces or slashes. 3.Title 10, USC, section 1174, provides that a Regular enlisted member of an ArmedForce who is discharged involuntarily or as the result of denial of the reenlistment of themember and who has completed 6 or more but less than 20 years of active serviceimmediately before that discharge is entitled to separation pay. It also states thatenlisted members being involuntarily separated from active duty, in order to becomeeligible for separation pay, must enter into an agreement to serve no less than 3 yearsin the Ready Reserve. This section specifies that the Ready Reserve service mustoccur "following the person's discharge or release from active duty." 4.Army Regulation 600-4 (Remission or Cancellation of Indebtedness) in accordancewith the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of theUnited States. Indebtedness to the U.S. Army that may not be canceled under Title 10USC, section 4837 when the debt is incurred while not on active duty or in an activestatus.