ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 June 2019

	DOCKET NUMBER:  AR20170013129


APPLICANT REQUESTS:  his date of his birth should be corrected 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

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 birth date is wrong on his DD Form 214.  The correct birthdate should read X X_____ 19XX, not X X____ 19XX.  The day and month of his birth date are backwards on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 bearing a pen and ink change to his date of birth.

4.  A review of the applicant’s available records (DD Form 214 only) shows: 

     a.  He enlisted in the Army National Guard of Texas on 16 November 1971.  

     b.  On 17 March 1972, he was ordered to perform Active Duty Training (ADT) at Fort Sam Houston, Texas.

     c.  On 18 August 1972, he successfully completed the Medical Corpsman Course and that same day was released back to the Army National Guard of Texas.   His service during his period of ADT was characterized as honorable.  

     d.  Item 9 (Date of Birth) reads:
* Day, X
* Month, X___
* Year, XX

5.  The proper entry in item 9 is self-explanatory.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions were carefully considered.  His record is absent evidence that shows a different DOB than what is listed on his separation document.  He did not provide any evidence that shows the contended DOB was placed on his separation document in error.  Based upon the preponderance of evidence, the Board determined there is insufficient evidence to grant relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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) 15-185, (Boards, Commissions, and Committees—Army Board for Correction of Military Records), provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for correction of a military record.  Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

3.  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 personnel performing Active Duty for Training (ADT).  Members of the Reserve Component ordered to ADT for a period of 90 days or more will be issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  The instructions with respect to items 8 (Place of Birth), 9 (Date of Birth), and 11b (Station or Installation at which Effected) read “self-explanatory.”  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170013129


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