ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  7 January 2019  

                   DOCKET NUMBER:  AR20170012421


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) as                    
XX vice XX X__ XXXX. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	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 the DOB is incorrect on his DD Form 214, because he always 
thought his birthday was XX X__ XXXX.  He discovered the error when he requested a 
passport with his birthdate as XX X__ XXXX.  He further states, his veteran’s benefits 
are being withheld due to the incorrect birthdate on his DD Form 214.

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

*	was inducted in the Regular Army on 10 May 1967
*	requested to change his name due to a court order on 28 January 1969
*	provided a birth certificate as supporting evidence showing his birthdate as                     
XX X__ XXXX
*	was honorably released from active duty on 4 March 1969.  His DD Form 214 
shows in Item 9 (Date of Birth), XX X__ XXXX 

4.  He provides a birth certificate showing his birthdate as XX X__ XXXX.

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.
BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board determined that 
relief was warranted.  Based upon the totality of the circumstance, the Board found the 
evidence presented was enough to grant the change to the applicant’s birthdate as 
requested. 

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 amended by correcting the DOB on his 
DD Form 214 Item 9 to show a similar date of birth as shown on his birth certificate.

SIGNATURE:

								 			___________X________________
											Chairperson


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 (AR) 635-5 (Separation Documents) establishes the standardized 
policy for preparing and distributing the DD Form 214.  The purpose of the separation 
document is to provide the individual with documentary evidence of his or her military 
service.  It is important that information entered on the form should be complete and 
accurate.  Section III contains guidance on the preparation of the DD Form 214, Item 9 
(DOB), enter item from DA Form 20.

3.  AR 635-8 (Separation Processing and Documents), currently in effect, prescribe the 
separation documents prepared for Soldiers upon retirement, discharge, or release 
from active military service or control of the Army.  It states the separation document is 
a synopsis of the Soldier's most recent period of continuous active duty and provides a 
brief, clear-cut record of active Army service at the time of release from active duty, 
retirement, or discharge.

ABCMR Record of Proceedings (cont)	 AR20170012421
	
2

1