ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 September 2019

	DOCKET NUMBER:  AR20170008077


APPLICANT REQUESTS: a correction to his date of birth on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 
* Original Birth Certificate

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 (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 on his DD Form 214 is incorrect.  It is listed as 3/11/19xx and should be ##/##/19xx.  He believes this is a typo; however, it has caused problems with his Veterans Administration appointments. 

3.  The applicant provides an original birth certificate, which shows his date of birth as ##/##/19xx.

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 20 June 1968.  In block 21 (Date of Birth (Day-Month-Year)) on his DD Form 4 (Enlistment Contract – Armed Forces of the United States) his date of birth is listed correctly, as ##/##/19xx.

	b.  He was honorably released from active duty on 19 March 1970.  His DD Form 214 shows his date of birth as #/##/19xx.

5.  By regulation, Army Regulation 635-5 (Personnel Separations - Separation Documents), the separation documents that will be furnished each individual who is separated from the Army including Active Duty Training personnel and cadets from the United States Military Academy.  The purpose of a separation document is to provide the individual with documentary evidence of his military service.  It is a vital record for interested Government agencies which assists the veteran in obtaining the rights and benefits to which he is entitled.  It is important that information entered thereon be complete and accurate.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board noted that the applicant’s DOB is correctly listed on the Enlistment Document.  This was sufficient to grant relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 ending on 19 March 1970 to show his date of birth as shown on his original 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.



   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 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 AR 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that will be furnished each individual who is separated from the Army including Active Duty Training personnel and cadets from the United States Military Academy.  The purpose of a separation document is to provide the individual with documentary evidence of his military service.  It is a vital record for interested Government agencies which assists the veteran in obtaining the rights and benefits to which he is entitled.  It is important that information entered thereon be complete and accurate.  Section II – Authorized Separation Documents in paragraph 1-3 states that DD Form 214 will be issued at time of separation to each member of the regular army, reserve component and the AUS without component, called or ordered to active duty. 

3.  Paragraph 2 – Preparation and Distribution of DD Form 214, in effect at the time, states that all available records will be used as a basis for the preparation of the DD Form 214 WS (worksheet), including DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders.  

ABCMR Record of Proceedings (cont)	 AR20170008077


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