IN THE CASE OF: BOARD DATE: 18 January 2019 DOCKET NUMBER: AR20170006675 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: 18 January 2019 DOCKET NUMBER: AR20170006675 THE 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 date of birth (DOB) as XX March XXXX. 2. The applicant states his DD Form 214 shows his DOB as XX December XXXX and his birth certificate shows his DOB as XX March XXXX. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) with supporting document(s): * Certified Copy of Certificate of Live Birth, issued 2 April 2007 * DD Form 214 for the period ending 16 November 1972 * DD Form 214 for the period ending 20 November 1975 2. The following evidence from the applicant's service records and Department of the Army and Department of Defense records and systems: * DD Form 47 (Record of Induction), dated 19 January 1971 * DA Form 4 (Enlistment Contract – Armed Forces of the United States), dated 17 November 1972 REFERENCES: 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 established standardized policy for preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The general instructions stated all available records would be used as a basis for the preparation of DD Form 214, including the DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. The specific instructions for item 4 (DOB) stated to enter the date in the order shown on the DD Form 214, using all numerals (e.g., 73 for year, 01 for January). DISCUSSION: 1. While it appears 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 was inducted into the Army of the United States on 19 January 1971. His Record of Induction shows his DOB as XX December XXXX. 3. He was honorably discharged on 16 November 1972 for immediate enlistment in the Regular Army. His DD Form 214 for this period shows his DOB as XX December XXXX. 4. He enlisted in the Regular Army on 17 November 1972. His enlistment contract shows his DOB as XX December XXXX. 5. He was honorably released from active duty on 20 November 1975. His DD Form 214 for this period shows his DOB as XX December XXXX. 6. His records consistently show his DOB as XX December XXXX throughout the entire period of his military service. 7. He submitted a certified copy of his birth certificate issued on 2 April 2007 showing his DOB as XX March XXXX. 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. The applicant is advised that a copy of this decisional document will be filed in his records to clarify the difference between the date of birth shown in his military records and shown on his 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170006675 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2