ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 August 2019 DOCKET NUMBER: AR20180000401 APPLICANT REQUESTS: Reconsideration of his previous request for 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: * Fax cover sheet * Self-authored letter, dated 1 December 2017 * court judgement, dated 29 August 2014 * judgement, dated 14 September 2015 * New birth certificate from * Passport, social security card (front), and drivers license (front) * Back of social security card * Uniformed Services Identification (USID) and Privilege Card * Fingerprint card and FL voter registration card * DD 214 * General Orders Number 1855, dated 7 May 1968 * Home mortgage statement from Wells Fargo, dated 5 November 2017 * Letter from Army Board for Correction of Military Records FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130019555 on 1 July 2014. 2. The applicant states he is requesting a DOB change. His entire life for all schooling, all professional, financial/credit history, social security, driver's license, and Military Service. He has used his name in English form X___. X___ with DOB of X January 19__, since he was a child, then a few years ago when renewing his driver's license, he was required to get a new birth certificate from Puerto Rico by law, which was sent to him with the DOB of 1X January 19__ and his name written in Spanish. a. He petitioned the court in Puerto Rico and on 14 September 2015, he was granted an order on 20 November 2015 for update and a new birth certificate, then he Petitioned the Florida court and granted a judgement of change of name, on . Puerto Rico provided him a new birth certificate, which now list his name in Spanish, X__ X___ X___ aka X__ X__ X__, X__ X. X__, on the actual birth certificate, and the courts are making him keep the DOB of , of which has caused him to update his entire life's credit/financial, Social Security/Medicare, DMV, and Military Records. He sent information to Defense Enrollment Eligibility Reporting System (DEERS) October 2017 and they have updated for him. b. He has included in his documents copies of the Birth certificate, new social security card, and final judgement of name change from and , Driver's License, and passport. He still has to get an updated Department of Defense/USID. Included are color copies of the documents (not originals) listed above. 3. The applicant provides the following: * Self-authored letter, dated 1 December 2017 addressed above * Florida court judgement, dated 29 August 2014 granting his name change as requested * Puerto Rico judgement, dated 14 September 2015 in Spanish not translated but appears to change his name * New birth certificate from Puerto Rico issued 20 November 2015, show his name change and DOB as * Passport, social security card (front), and driver license (front) which shows his updated name and his DOB on his passport and driver license as * Front and back of social security card * Uniformed Services Identification (USID) and Privilege Card issued 31 October 2002 that shows his DOB as * Fingerprint card and FL voter registration card that shows his name change and DOB as 1X * DD 214 which shows his DOB as * General Orders Number 1855, dated 7 May 1968 which shows his name as X___ X. X___ * Home mortgage statement from Wells Fargo, dated 5 November 2017 which shows his name as X___ X___ * Letter from Army Board for Correction of Military Records (ABCMR), dated 2 July 2014 which shows his last request was denied 4. A review of the applicant’s service records shows the following: a. He was inducted into the Army of the United States on 6 April 1967. His DD Form 47 (Record of Induction) shows his DOB as . b. His records contain numerous orders, personnel, legal, and medical documents to include a DD Form 41 (Record of Emergency Data) and DA Form 3027 (U.S. Army Request for National Agency Check) that all show his DOB as 8 January 19XX. He authenticated many of these documents by placing his signature in the appropriate block. c. He was released from active duty on 4 April 1969. Item 9 (DOB) of the DD Form 214 he was issued shows his DOB as . 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence throughout the service record showing the same name and date of birth for the applicant, the Board concluded the integrity of the record should be protected. The Board did want to educate the applicant that this record of proceeding will be placed in his official record to assist with any conflict with the differing information. As a result of that, the Board found no error or injustice present which would warrant making a change to the applicant’s date of birth. 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. 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 6 (Date of Birth) state to enter the date of birth. ABCMR Record of Proceedings (cont) AR20180000401 4 1