ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 September 2019

	DOCKET NUMBER:  AR20170011268


APPLICANT REQUESTS:  a correction to his date of birth (DOB) on his DD Form 
214 (Certificate or Release or Discharge from Active Duty) for the period ending     
26 May 1974 and 31 July 1988

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Certification of Birth

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 DOB is ## XXX, 19XX instead of ## XXX, 19XX.  When 
he enlisted his DOB was ## XXX, 19XX until he got his birth certificate.  He informed 
the personnel office to change it, but no action was taken. Now he is trying to get his 
life in order for his family.  

3.  The applicant provides the city of New York certification of birth, which shows his 
DOB as ## XXX, 19XX.  

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

	a.  On his DD Form 4 (Enlistment Contract – Armed Forces of the United States) 
he enlisted in the Regular Army on 20 November 1967 and was discharged on 19 
November 1970.  He joined the Army Reserve on 20 November 1970 he and was 
discharged on 13 June 1971.  

	b.  All four enlistment contracts shows his DOB as ## XXX, 19XX, and all other 
documents viewed in his service record indicate he listed his DOB as 26 XXX 19XX.  
His service record is void of any evidence that an attempt was made to update his 
record to show the correct DOB.

	c.  He reenlisted in the Regular Army on 14 June 1971 and was discharged on 
26 May 1974.  His DD Form 214 in Block 4 (date of Birth) shows XXXX##.

	d.  He reenlisted once again on 31 May 1979 and he retired from the Regular 
Army on 31 July 1988.  His DD Form 214 listed in Block 5 (date of Birth), XXXX##.

5.  By regulation (AR 635-5), 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.  The instruction for contested 
blocks state:  Block 5 Enter date using six–digit number in this item; year, month, 
and day written in that sequence without spaces or slashes, e.g., 420106 for            
6 Jan 42.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was warranted.  The applicant’s contentions were carefully considered.  The Board 
agreed to provide relief as his birth certificate, dated 12 August 1964, shows he was 
born one day after the contested date.  

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 
Forms 214 for the period ending 19 November 1970, 26 May 1974, and 31 July 
1988 by showing the birth date listed on his City of New York Certification of Birth.

	  
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 (Separation Documents) covers the processing of 
the DD Form 214/.  It states 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.  The instructions for completing 
each block state:  Block 5, Enter date using six–digit number in this item; year, 
month, and day written in that sequence without spaces or slashes, e.g., 420106 for 
6 Jan 42.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170011268

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