ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:

		BOARD DATE:  13 December 2019

		DOCKET NUMBER:  AR20170007809


APPLICANT REQUESTS:  The applicant requests correction of his DD Form 214 
(Report of Separation from the Armed Forces of the United States) to show his date of 
birth as XX XXXX XXX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Certificate of Birth, State Board of Health, date filed 2 June 1933
*	DD Form 214
*	Driver's License, issued 19 March 2013
*	Letter, Social Security Administration, dated 13 May 2014
*	Letter, Department of Veterans Affairs, dated 7 February 2017
*	Letter, State of , Department of Veterans Affairs, dated 16 March 2017

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 (Administrative Separation Procedures and Forms), in effect 
at the time, established uniform administrative procedures and separation forms to be 
used in connection with the relief from active duty or complete separation from military 
service of commissioned officers, warrant officers, and enlisted personnel.  It provided 
that all available records would be used as a basis for preparation of the DD Form 214.  
The specific instructions for item 10 (Date of Birth) stated to enter the information from 
the DA Form 20 (Enlisted Qualification Record) or DA Form 66 (Officer Qualification 
Record), as appropriate.




FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, 
U.S. Code, section 1552(b); however, the ABCMR 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 date of birth listed on his DD Form 214 should be XX XXXX 
XXXX instead of XX XXX XXXX.  He was adopted and did not have a copy of his birth 
certificate when he was inducted into the Army.  The servicing Military Entrance 
Processing Station staff stated they would get him a birth certificate.

3.  The applicant's military records are not available for review.  A fire destroyed 
approximately 18 million service members' records at the National Personnel Records 
Center in 1973.  The fire affected approximately 80 percent of the records of Army 
personnel discharged between 1 November 1912 and 1 January 1960.  It is believed 
that the applicant's records were lost or destroyed in that fire.  However, the supporting 
documents provided by the applicant are sufficient to conduct a fair and impartial review 
of this case.

4.  He provided a certified true copy of his birth certificate showing his date of birth as 
XX May XXXX.

5.  On 28 January 1953, he was inducted into the Army of the United States.

6.  He was honorably released from active duty on 2 December 1954.  Item 10 of his 
DD Form 214 shows his date of birth as XX XXX XXXX.

7.  He provided a letter from the Social Security Administration, dated 13 May 2014, 
verifying his date of birth as XX XXX XXXX.  He also provided a photocopy of his 
Florida driver's license showing his date of birth as XX XXX XXXX.

8.  On 7 February 2017, the Department of Veterans Affairs denied payment of a claim 
he submitted to his insurance carrier based on the discrepancy in the date of birth listed 
in their records.  He was instructed to correct his records as soon as possible.

9.  On 16 March 2017, the State of Florida Department of Veterans Affairs provided him 
with a blank DD Form 149 to request correction of his date of birth to receive payment 
for Department of Veterans Affairs healthcare.

10.  The Lake City Reporter obituary notice, dated 14 June 2019, states the applicant 
passed away on 11 June 2019.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, that his records were burned in the fire at the archives, the DOB recorded in his 
records and the date included on his DD Form 214.  The Board considered the copy of 
the birth certificate, SSA letter, driver’s license and correspondence from the VA.  
Based on a preponderance of evidence, the Board determined that there was 
insufficient evidence to find that the date of birth in the applicant’s records was not a 
representation of the facts and circumstances that existed at the time of his service.

2.  The Board advises that a copy of this decision will be placed in the applicant’s official 
records to clarify the difference between the DOB in his service records and the DOB 
used by the applicant post-service.

3.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	: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.

ADMINISTRATIVE NOTES:  not applicable.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (continued)	AR20170007809


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