ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20160015717


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge), effective date March, to show his date of birth 
(DOB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, dated  March 
*	certification of birth, Department of Health – Demographic Registry, Certificate 
Number, dated 
*	hand written letter, dated 29 August 2016

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, in effect, he provided the DOB he was told from the time he 
was a child when he entered the Army.  He later asked for a birth certificate in the town 
where he was born and learned his correct DOB. 

3.  On 22 April, the applicant was inducted into the Regular Army.  His official records 
and all other documents in his military record reflect his DOB."  These documents 
include but are not limited to the below records:

*	DD Form 47 (Record of Induction), dated 
*	DA Form 428 (Application for Identification Card), dated 
*	DA Form 20 (Enlisted Qualification Record) 
*	Standard Form 88 (Report of Medical Examination) dated 2 March 1966
*	Standard Form 89 (Report of Medical History), dated 2 March 1966

4.  On 21 March 1966, the applicant was released from active duty and transferred to 
the United States Army Reserve.  His DD Form 214, item 6 (Date of Birth) shows his 
DOB."

5.  The applicant's record is void of evidence which shows his DOB listed as 

6.  The applicant provides a certification of birth from Puerto Rico which shows the DOB 
he requests and a hand written letter.

a.	He would appreciate all the attention and help that can be offered in the matter 
for his request for correction of his DOB.  He has relocated to the state of Florida and 
his family needs to purchase a house urgently.

b.	The bank has requested a DD Form 214 which reflects his correct DOB as soon 
as possible to close the deal.

7.  Army Regulation 635-5 (Separation Documents) directs that 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.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, documents in the records reflecting the contested DOB with the applicant’s 
signature and his separation document.  The Board also considered the copy of a 
Certification of Birth provided by the applicant.  The Board found insufficient evidence to 
conclude that the DOB in the applicant’s records did not reflect circumstances as they 
existed at the time of his service.  Based on a preponderance of evidence, the Board 
determined that the DOB in the applicant’s records was not in error or unjust.

2.  The applicant is advised that a copy of this decision will be placed in his official 
records to clarify the difference in the DOB in those records and the DOB he uses 
today.
3.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.?
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

?
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, established 
the standardized policy for preparing and distributing the DD Form 214.  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 and 
reflects the conditions as they existed at the time of separation.

ABCMR Record of Proceedings (cont)	 AR20160015717
	
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