ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  2 October 2019

	DOCKET NUMBER:  AR20170006050


APPLICANT REQUESTS:  his Date of Birth (DOB) be corrected on his DD Form 214 
(Armed Forces of the United States Report of Transfer or Discharge)


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	birth certificate
*	affidavit to amend record of birth
*	Veterans Affairs (VA) Statement of Claim
*	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 his DOB is incorrect and he used the incorrect DOB to enlist 
and serve his country.  He now wants to set the record straight.

3.  The applicant provides:

	a.  A copy of his birth certificate from X, which shows his DOB as xx X---
19xx.

	b.  An affidavit to amend his record of birth.  The affidavit shows his DOB as           
xx   X--- 19xx.

c.  A copy of his VA statement of claim in regards to his request to have his DOB 
corrected.

d.  A copy of his DD Form 214’s which shows his DOB in block 6, as xx Xxxx 19xx.
4.  There is no service record to substantiate the applicant’s military information.  The 
only documentation for the Board to review are the documents submitted in the 
applicant’s packet to include his DD Form 214.

5.  The applicant’s DD Form 214 shows he was honorably discharge on 12 September 
1956.  Block 6 of his DD Form 214 shows his DOB as xx Xxxx 19xx.

6.  By regulation (AR 635-5 (Separation Documents), in effect at the time, prescribed 
the separation documents that must be prepared for Soldiers upon retirement, 
discharge, or release from active duty service or control of the Active Army.  It 
established standardized policy for preparing and distributing the DD Form 214.  The 
general instructions stated all available records would be used as a basis for 
preparation of the DD Form 214.  The specific instructions for Block 6 (Date of Birth) 
state to enter the date of birth.

7.  The DD Form 214 is a summary of the Soldier's most recent period of continuous 
active duty.  It provides a brief, clear-cut record of all current active, prior active, and 
prior inactive duty service at the time of release from active duty, retirement, or 
discharge.  The information entered thereon reflects the conditions as they existed at 
the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows he used the contested DOB at the time of enlistment to be at an age 
eligible to enlist.  His birth certificate shows he would have needed parental consent to 
enlist if he used the DOB reflected on his birth certificate.  One possible outcome was to 
change the separation document to show the DOB as reflected on the birth certificate.  
However, the majority of the Board agreed to deny the request as he used the 
contested DOB during his entire period of service, and he admitted he used the wrong 
DOB to enlist and serve.

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 DOB recorded in his military records and to satisfy his desire to have 
his DOB 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, in effect at the time, prescribed the separation documents 
that must be prepared for Soldiers upon retirement, discharge, or release from active 
duty service or control of the Active Army.  It established standardized policy for 
preparing and distributing the DD Form 214.  The general instructions stated all 
available records would be used as a basis for preparation of the DD Form 214.  The 
specific instructions for Block 6 (Date of Birth) state to enter the date of birth.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170006050

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