ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 August 2019 DOCKET NUMBER: AR20170014952 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 ## X ___vice ## X ___ 19XX. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Birth Certification * Driver License 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 DOB is incorrect. He provides a birth certification and driver license, both listing a name similar to his with the DOB as XX ___ 19XX. 3. Review of the applicant’s service records shows: a. In connection with his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as XX ___ 19XX. b. He was inducted into the Army of the United States on 5 July 1968. His DD Form 47 (Record of Induction) listed his DOB as XX ___ 19XX. c. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his DOB as XX ___ 19XX. d. Multiple other documents (Record of Emergency Data and Application for Identification Card) also listed his DOB as 16 March. He authenticated some of these documents with his signature confirming the information listed was correct. e. He was honorably released from active duty on 2 July 1970. His DD Form 214 listed his DOB as XX ___ 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 the relief was warranted. The applicant’s contentions were carefully considered. The Board considered the applicant's record of service, the amended birth certificate he provided and the birth dates as they appear in the records. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created, absent an error or injustice. The Board found that the applicant was inducted into service and the date on the amended birth certificate is in close proximity to birth date appearing in the records. Based on a preponderance of evidence, the Board determined that an error may have occurred upon indiction that carried throughout the applicant's service. The Board agreed to grant relief to show he is one-month older than reflected in his record as his actual and contested age at the time of his enlisted would not have caused concern towards his enlistment eligibility. 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 2 July 1970 by showing the birth date listed on his birth certification. 9/20/2019 X CHAIRPERSON Signed by: 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 (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 3 (Date of Birth) stated to enter the DON from the DD Form 398, DA Form 20, or other available documents. //NOTHING FOLLOWS//