ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  16 September 2019

	DOCKET NUMBER:  AR20170015540


APPLICANT REQUESTS:  correction of his DD Form 214 Report of Separation from the 
Armed Forces of the United States to show his date of birth (DOB) as 26 X__ 19## 
instead of 27 X__ 19##.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Report of Separation from the Armed Forces of the United States)

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 birth date is incorrect and it should read 26 April xxxx on his DD 
Form 214.  His birth certificate is different from his DD Form 214, which shows 27 X___ 
19##.

3.  The applicant's military records are not available to the Board for review.  A fire 
destroyed approximately 18 million service members’ records at the National Personnel 
Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  

4.  A review of the applicant’s available service record shows:

a.   He enlisted in the Regular Army on 11 December 1952.  

	b.  On 10 December 1954, he was honorably released from active duty.  He 
completed 2 years of active service.  His DD Form 214 shows in item 10 (Date of Birth), 
27 X___ 19##.

5.  The DD Form 214 is a summary of the Soldier's most recent period of continuous 
active duty.  The information entered thereon reflects the conditions as they existed at 
the time of separation.  The regulation in effect at the time stated for item 10, enter the 
DOB from the service record.

6.  For historical purposes, the Army has an interest in maintaining the integrity of its 
records.  In this regard, the information contained therein should reflect the 
conditions/circumstances that existed at the time the records were created and under 
which the military service was performed.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
warranted.  The applicant’s contentions were carefully considered.  Based upon the 
documentary evidence provided by the applicant, the applicant’s birth certificate shows 
he was born a day earlier than what is shown on his DD Form 214.  The Board agreed 
to correct the error.

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 by showing the date of birth listed on his Commonwealth of Pennsylvania 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 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 (Personnel Separations - Separation Documents), in 
effect at the time, prescribes the separation documents that must be prepared for 
Soldiers on retirement, discharge, release from active duty service or control of the 
Active Army.  It establishes standardized policy for preparing and distributing the DD 
Form 214 (Report of Separation from the Armed Forces of the United States).  Section 
III (Instructions for Preparation and Distribution of the DD Form 214), all available 
records will be used as a basis for the preparation of DD Form 214WS (Worksheet), 
including DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification 
Record), and orders.  The regulation in effect at the time stated for item 10, enter the 
date of birth from the service record. 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170015540

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