ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  26 August 2019

	DOCKET NUMBER:  AR20170016170


APPLICANT REQUESTS: that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflect his correct date of birth (DOB) as XX June 19XX vice XX January 19XX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Birth Certificate
* Marriage Certificate
* DD Form 214
* DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Reports of Transfer or Discharge)

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 state that he would like his DD Form 214 to reflect his correct DOB as XX June 19XX.  He would like this change because he was born in June, not January.

3.  The applicant provides a copy of his birth certificate which is illegible.  A copy of his marriage certificate which shows his birthdate as XX June 19XX.  

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

	a.  His DD Form 4 (Enlistment/Reenlistment) is not available for the Board to review.  His DD Form 214 shows his Regular Army date of entry (Item 16c) as 15 December 1966.  

	b.  DA Form 2-1 (Personnel Qualification Record) shows item 4 (DOB) as XX June 19XX.
	c.  DA Form 348 (Equipment Operators Qualification Record) shows the applicant's DOB as June 19XX.  

	d.  An application for flight training letter, dated 12 October 1966, shows the applicants DOB as June 19XX.

	e.  Two DA Form 78 (Recommendation for Promotion of Officer), dated 16 November 1967 and 8 January 1968 respectively, show his DOB as June 19XX.

	f.  He was released from active duty on 26 June 1971.  His DD Form 214 shows in item 9 shows the date 27 January 19XX.

5.  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.  The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation, such as the DD Form 214.  

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 has evidence that shows the DOB he contends is correct was used at some point during his period of service.  The Board agreed to grant full relief.

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 26 June 1971 to show his date of birth as listed on his 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 635-5 (Separation Documents), paragraph 2-13, 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) self-explanatory. 

3.  Army Regulation 635-5 also states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170016170
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