ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS

IN THE CASE OF
 BOARD DATE:  10 April 2019
DOCKET NUMBER:  AR20170004822


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as "XX _____ 1943" instead of "XX ____ 1941" and completion of the Airborne  Course.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE  BOARD:

   • DD Form 149 (Application for Correction of Military Record)
• DD Form 214 for the period ending on 16 September  1968
• Certificate of Birth
   • Airborne Course certificate 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 provides a copy of his Certificate of Birth which lists his DOB as "XX ______ 1943"

3. The applicant enlisted in the Army National Guard oh 10 May 1960.  He   subsequently enlisted and reenlisted in the Regular Army. His DOB is listed as "XX ____ 1941" on all of his enlistment documents.  This DOB is consistently listed on all documents present in his military records, to include his DD Forms 214 for following periods:

• 20 August 1960 to 19 February 1961
•	17 July 1963 to 19 July 1964
• 20 July 1964 to 16 September 1968

4. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
1. 

5. The applicant provides a copy a certificate from the U.S. Army Infantry School that shows he successfully completed the Airborne Course in September 1963.

6. The applicant's DD Form 214 for the period 17 July 1963 to 19 July 1964 shows he successfully completed Basic Airborne training and he was awarded the Parachutist Badge. His other two DD Forms for the periods 20 August 1960 to 19 February 1961 and 20 July 1964 to 16 September 1968 do not list this course because he did not attend or complete the course during the period covered by those DD Forms 214.

7. Army Regulation 635-5 (Separation Documents), then in effect stated entry in item  28 (Service Schools or College Training Courses and/or Post-Graduate Coursed Successfully Completed) was used to record service schools, including dates and major courses which were successfully completed during the period covered by the DD Form 214.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based upon the Parachutist Badge already being depicted on his 1963-1964 00XXXX, the Board denied that portion of the request.

Additionally, the Board found that the date of birth depicted on the 00XXXX was consist with all military documents in the service record, therefore, the Board recommended denying that portion as well.

SOARD VOTE:



GRANT FULL RELIEF GRANT PARTIAL RELIEF GRANT FORMAL HEARING
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. A copy of this decisional document will be filed in the Applicant's 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 listed on his Birth Certificate.

4/19/2019
X 

CHAIRPERSON
Signed by: 

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), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulations also provides for the following entries on the DD Form 214.

   a. The entry in item 6 (Date of Birth) is self-explanatory.

   b. The entry in item 28 (Service Schools or College Training Courses and/or Post­ Graduate Coursed Successfully Completed) are used to record service schools, including dates and major courses which were successfully completed. This entry also includes military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.