ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 August 2019 DOCKET NUMBER: AR20170007865 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) from "XX X___ 19X9" to "X X____ 19X9" * Place of Birth from "X___, CA” to “X___, XX_____ X____, CA” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, dated 21 April 2016, to the National Personnel Records Center (NPRC), Saint Louis, MO * Standard Form (SF) 180 (Request Pertaining to Military Records), dated 21 April 2016 * 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 in effect, prior to the letter and supporting documents, he forwarded to NPRC, the information he was given (regarding his birthdate and place of birth) to him by his parents. He states his parents had 12 children and got confused when they provided his birth information. The applicant states he has already changed his birth date with other financial institutions, but will be applying for a Department of Veterans Affairs (VA) loan. 3. The applicant provides: a. A copy of the memorandum he forwarded to NPRC detailing in the past, he had been using XX X___ 19XX inadvertently as his birth date until August 1995 when he requested his birth certificate from the county of X_____, CA, in order to get a passport. He states, to his surprise, he was born on X___ Xth, not X___ XXth and he was born in X____, CA, not XX_____, CA. The applicant informed NPRC that he had been using his mother’s maiden name, X____, as his middle name (initialed “C” on his DD Form 214. b. A copy of SF Form 180 forwarded to NPRC, requesting a copy of his DD Form 214, medical records, and any medal, citations, and other documents available correct his date and place of birth on his military documents and to facilitate his requests for benefits and VA loan programs. c. A copy of his California birth certificate that shows the birthdate of X X___ 19X9 and the place of birth as X___, XX_____ X____, CA. The birth certificate also shows in Item 17 (Mother), his mother’s maiden name is listed as X____. d. A copy of his DD Form 214 showing (Block 6 (Date of Birth: Day, Month, Year) should reflect his legally correct date of birth of X X___ 19X9 and Block 5 (Place of Birth) should reflect his correct place of birth of X___, XX_____ X____, CA. 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 20 October 1958. His DD Form 47 (Record of Induction) shows his DOB as XX X___19X9 and his place of birth as X____, CA. b. He was released from active duty on 17 August 1960 and transferred to the U.S. Army Reserve XV U.S. Army Corps. His DD Form 214 shows his DOB as XX X___ 19X9 and his place of birth as Xx____, CA. c. The applicant’s record is absent information showing he used another DOB or place of birth than what is contested during his period of service. 5. By regulation (AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for Item 5 (Place of Birth) stated to enter the place of birth (City, and State or Country) and the specific instructions for Item 6 (Date of Birth) state to enter the date of birth. 6. 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested date and place of birth during his entire period of service. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion about the difference in the date and place of birth record in his military records and what is shown on his birth certificate. 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. X CHAIRPERSON Signed by: 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, in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for Item 5 (Place of Birth) stated to enter the place of birth (City, and State or Country) and the specific instructions for item 6 (Date of Birth) state to enter the date of birth. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007865 4 1