IN THE CASE OF:  
BOARD DATE: 13 September 2019 
DOCKET NUMBER: AR20170006608

BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
X
X
X
DENY APPLICATION


2 Enclosures
1.	Board Determination/Recommendation
2.	Evidence and Consideration




IN THE CASE OF:  
BOARD DATE: 13 September 2019 
DOCKET NUMBER: AR20170006608

APPLICANT'S REQUEST AND STATEMENT:

1.	The applicant requests correction of her records to show her date of birth 
(DOB) as # X 	19## instead of ## X___ 19##.

2.	The applicant states her DOB does not match her birth certificate.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.	DD Form 149 (Application for Correctness of Military Record under the 
Provisions of Title 10, U.S. Code, Section 1552) with supporting documents:

*	Certificate of Live Birth, dated 12 October 2016
*	Social Security Card, dated 25 October 2016
*	California Senior Citizen Identification Card, dated 23 November 2016

2.	Evidence from the applicant’s service record and Department of the Army and 
Department of Defense records and systems:

*	DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated, 
25 January 1971
*	DD Form 398 (Statement of Personal History), dated, 12 February 1971
*	Armed Forces Finger Print Card, dated 12 February 1971
*	DA Form 428 (Application for Identification Card), dated 11 August 1971
*	DA Form 873 (Certificate of Clearance and/or Security Determination), 
dated 10 October 1972
*	DA Form 20 (Enlisted Qualification Record)
   *	DD Form 214 (Certificate of Release or Discharge from Active Duty) 
REFERENCES:
1.	Title 10, U.S. Code, section 1552(b), provides that applications for correction 
of military records must be filed within 3 years after discovery of the alleged error
Enclosure 2




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 
3-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), in effect at the time, 
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 duty.  The DD Form 214 is of vital importance to the separating Soldier 
and must be properly prepared according to prescribed guidance; ensure all 
information on the DD Form 214 and other separation documents is accurate.

DISCUSSION:

1.	While the applicant did not file within the time frame provided in the statute of 
limitations, the ABCMR has elected to conduct a substantive review of this case 
and, only to the extent relief, if any, is granted, has determined it is in the interest 
of justice to excuse the applicant's failure to timely file. In all other respects, there 
are insufficient bases to waive the statute of limitations for timely filing.

2.	The applicant contends her DD Form 214 should be corrected to show her 
DOB as # X___ 19##.

3.	The applicant enlisted in the Regular Army on 12 February 1971. She 
represented her DOB as ## X___ 19## throughout the entire period of her 
military service.

*	this DOB is consistently represented in the documents contained in her 
Military Personnel Records Jacket
*	she authenticated many documents by placing her full signature in the 
appropriate block attesting to the correctness of the represented DOB
*	the requested DOB does not appear in her available military records

4.	On 25 January 1972, her legal guardian consent form lists her DOB as 
## X___ 19##.

5.	She provides a certified copy of her Certificate of Birth, an unsigned Social 
Security Card, and California Senior Citizen Identification; the documents do not 
show the contested DOB.




6.	By regulation (AR 635-5), 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.

   a.	For historical purposes, the Army has an interest in maintaining the 
integrity of its records. The data and information contained in those records 
should reflect the conditions and circumstances that existed at the time the 
records were created, absent showing a material error or injustice.

   b.	The Army Review Boards Agency will file a copy of this decisional 
document in the Applicant's official military personnel file. This should serve to 
clarify any questions or confusion about the difference in the DOB recorded in the 
applicant's military records and the applicant's desire to have her current DOB 
documented in his OMPF.

//NOTHING FOLLOWS//