ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 August 2019

	DOCKET NUMBER:  AR20170008620


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), ending on 23 February 1984 to show his date of birth 
(DOB) as XX XXX XXXX vice XX XXX XXXX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	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 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 correct date of birth (year) is XXXX.  He provides a birth 
certificate with a name similar to his listing the DOB as XX XXX XXXX.

3.  Review of the applicant's service records shows: 

	a.  He enlisted in the Regular Army (RA) on 27 November 1973.  A copy of his 
enlistment record for this period is not available for review with this case.  

	b.  He was honorably released from active duty on 20 November 1975 and 
transferred to the U.S. Army Reserve Control Group to complete his remaining service 
obligations.  His DD Form 214 (Report of Separation from Active Duty) listed his DOB 
as XX XXX XXXX.

	c.  He again enlisted in the RA on 18 April 1977.  His DD Form 4 (Enlistment or 
Reenlistment Agreement) and all allied documents listed his DOB as XX XXX XXXX.

	d.  His DA Form 2-1 (Personnel Qualification Record) which was created upon his 
entry on active duty also listed his DOB as XX XXX XXXX. 

	e.  He reenlisted in the RA on 24 February 1981.  His reenlistment DD Form 4 also 
listed his DOB as XX XXX XXXX. 

	f. Multiple other documents (Separation Physical and Application for Identification 
Card) also listed his DOB as XX XXX XXXX.  He authenticated some of these 
documents with his signature confirming the information listed was correct. 

	g.  He was honorably discharged from active duty on 23 February 1984.  Consistent 
with all other documents in his service record, his DD Form 214 for this period of service 
listed his DOB as XX XXX XXXX. 

	h.  No documents exist in his service record reflecting the requested DOB. 

4.  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 reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The applicant’s contentions were carefully considered.  The Army has 
an interest in maintaining the integrity of its records for historical purposes.  The 
information in those records must reflect the conditions and circumstances that existed 
at the time the records were created.  In the absence of evidence that shows a material 
error or injustice, there is a reluctance to recommend that those records be changed.  
However, the Board agreed to grant relief to show he is one year older than reflected in 
his record as his actual and contested age at the time of his enlisted would not have 
caused concern towards his enlistment eligibility. 

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 for the period ending 23 February 1984 by showing the birth date listed 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.



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 (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 3 (Date of Birth) (or item 5, depending 
on the version in effect) stated to enter the DOB from the DD Form 398, DA Form 20, 
DA Form 2-1, or other available documents.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170008620

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