17 IN THE CASE OF: BOARD DATE: 13 September 2019 DOCKET NUMBER: AR20170006666 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :JCK :SRT :KAM GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 September 2019 DOCKET NUMBER: AR20170006666 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB) of 1 X__ 19XX vice 1 X__ 19XX. 2. He states, in effect, his DOB is listed incorrectly. 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: * National Guard Bureau (NGB) 22 (Report of Separation and Record of Service), dated 30 January 1969 * Florida Driver License, dated 9 July 2011 * Social Security Card * Certificate of Birth, dated 5 August 2011 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 4 (Enlisted Record Armed Forces of the United States), dated 31 January 1963 * Standard Form 89 (Report of Medical History), dated  25 June 1963 * Standard Form 89, dated12 November 1963 * DA Form 41 (Record of Emergency Data), dated 30 January 1964 * 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 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 enlisted in the Army National Guard (ARNG) on 31 January 1963. He represented his DOB as X A___ 19XX throughout the entire period of his military service. 3. His DOB is consistently represented in the documents contained in his Military Personnel Records Jacket. He authenticated his Record of Emergency Data item #18 by placing his full signature in the appropriate block attesting to the correctness of the represented DOB. 5. His Reports of Medical History item#12 show the DOB he is requesting, although there is no record requesting correction of his DOB in his Military Personnel Records Jacket. 6. The applicant provides a copy of his Birth Certificate, Social Security Card, and report of separation from the National Guard; however, the documents does not show the contested DOB. 7. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 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 his current DOB documented in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170006666 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2