ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 August 2019

	DOCKET NUMBER:  AR20170006363


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 X X____ 19XX instead of X X____ 19XX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Birth Certificate
* 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 that his date of birth is incorrect on his DD Form 214 and he asks that a corrected copy be sent to him.  Due to this error, he cannot receive his medication from Tricare.

3.  The applicant provides a copy of his birth certificate, which shows his DOB as 
X X____ 19XX.

4.  A review of the applicant’s service record shows:

	a.  He was inducted into the Army of the United States on 12 February 1959.  He was discharged for immediate reenlistment on 6 July 1959, 22 January 1965, 22 January 1968, and 24 October 1973.  His DD Forms 214 show his DOB as X X____ 19XX.

	b.  He served in:

* Germany from 14 October 1959 to 25 November 1962, 28 January 1974 to 23 April 1976, and 14 March 1978 to 17 October 1976
* Vietnam from 11 September 1965 to 23 April 1967

	c.  He was honorably retired on 31 July 1979.  His DD Form 214 shows his DOB as X X____ 19XX.

5.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  The information entered thereon reflects the conditions as they existed at the time of separation.  The regulation in effect at the time stated for item 4, enter the DOB from the service record.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the requested date of birth being close to the date currently depicted on the applicant’s DD Form 214, a single day off, and the supporting document of the applicant’s birth certificate showing the correct date, the Board concluded that granting relief was appropriate.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214, dated 31 July 1979, by changing the date of birth reflected in Item 4 to reflect the date reflected on the applicant’s enclosed 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.

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 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 (Report of Separation from the Armed Forces of the United States).  Section III (Instructions for Preparation and Distribution of the DD Form 214), all available records will be used as a basis for the preparation of DD Form 214WS (Worksheet), including DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders.  The regulation in effect at the time stated for item 4, enter the date of birth.



ABCMR Record of Proceedings (cont)	 AR20170006363


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