ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20170014436


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 #  
vice ## .

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Reissued Birth Certificate
*	U.S. Passport
*	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 (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 as a young boy, his birthday was always celebrated on the 10th 
day of the month.  Few years ago, when he needed a birth certificate, he discovered 
that his birthday is actually on the 9th day of the month. 

3.  The applicant's service records are not available for review with this case.  An 
exhaustive search was made to locate his service records which are necessary for the 
processing of this case but they could not be found.  Review of this DD Form 214 
shows: 

	a.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 
24 January 1967.  His DD Form 398 (Statement of Personal History) and/or his DD 
Form 4 (Enlistment Record) which would have shown the DOB the applicant recorded 
at the time of his enlistment are not available for review with this case.

	b.  He was honorably released from active duty on 23 January 1970.  Item 9 (DOB) 
of his DD Form 214 shows the entry "## X__ XX."  
	c.  He provides a Certified Abstract of Live Birth, dated 30 August 2016, and a U.S. 
Passport, dated 10 February 2010, both showing a name similar to his with the DOB 
listed as # X__ 19XX. 

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 relief was 
warranted.  The applicant’s contentions were carefully considered.  His record was not 
available for the Board to review the DOB he used during his period of service.  
However, the Board agreed the applicant provided sufficient evidence that shows his 
DOB is incorrect on his separation document.

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 January 1970 showing his DOB listed on his reissued 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 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 9 (Date of Birth) stated to enter the 
date of birth from the service record. 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170014436

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