ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20170012773


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 Fxxxxx XXXX to XX Fxxxxx XXXX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	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 mother was mistaken on his birth date.  His correct birth 
date is XX Fxxxxx XXXX.

3.  The applicant provides a certified copy of a Commonwealth of Kentucky Certificate 
of Live Birth which shows in block 8 his date of birth is XX Fxxxxx XXXX.

4.  The applicant service records show:

	a.  He was released from active duty on 12 August 1962.  His DD Form 214 shows 
his DOB as XX Fxxxx XXXX in block 6. 

b.  DD Form 4 enlistment dates reflect that on 21 July 1981 in block 7 and 
13 April 1988 in block 6, applicant’s date of birth shown as XX Fxxxx XXXX.

	c.  DA Form 2 (Personnel Qualification Record) prepared on 21 September 1990 
shows in item 4, his date of birth as XX Fxxxx XXXX. 


	d.  On 12 December 1995 he was honorably discharged from the United States 
Army Reserve.

5.  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 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:

1.  After reviewing the application and all supporting documents, the Board found the 
relief was warranted.

2.  During his service subsequent to his release from active duty in August 1962, his 
record reflects the date of birth recorded on the Certificate of Live Birth he provided.  
This evidence supports correction of his DD Form 214 for the period ending 12 August 
1962 to show the date of birth recorded on his Certificate of Live Birth.  
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 replacing the date of birth 
recorded on item 6 of his DD Form 214 for the period ending 12 August 1962 with the 
date of birth shown on his Certificate of Live 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 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.

ABCMR Record of Proceedings (cont)	 AR20170012773

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