ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  10 June 2019

	DOCKET NUMBER:  AR20180001723


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his 

*	His date of birth (DOB) as 
*	His date of induction as 12 July 1966 vice 12 July 1968

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)
*	Certificate of live birth form the state of 

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, he thinks these were two simple errors done while out 
processing from the military.  There were a lot of service members being out processed 
on that date.

3.  The applicant provides, his birth certificate from the state of Louisiana.

4.  A review of the applicants’ service record shows:

	a.  He was inducted into the Army of the United States on 12 July 1966.  

	b.  His DD Form 47 (Record of Induction) shows his DOB as 13 __ 19X7 and his 
date of induction as 12 July 1966.

	c.  DA Form 20 his service record listed his DOB as 13__ 19X7 and his effective 
date of arrival in his unit as 12 July 1966.

	d.  He was honorably released from active duty on 12 July 1968.  His DD Form 214 
shows in: 

*	Block 9 (Date of Birth), 
*	Block 10c (Date Inducted), 12 July 1968 

4.  Army Regulation 635-5 (Separation Documents) 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.  Block 9 (Date of Birth) reflects day, month, 
year. Block 10c is applicable to only to individuals who were inducted as opposed to 
enlisted.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
partial relief was warranted.  Based upon the date of birth being consistent throughout 
the military record and the applicant failing to address how the current birth date may 
have originally been placed in the record at the time of enlistment, the Board found 
insufficient evidence to make a change to the applicant’s birth date.

However, the Board did find that the applicant’s induction date was entered in error and 
that the requested date of the applicant should be entered onto his DD Form 214.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

: X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of Army records of the individual concerned be corrected by amending the 
applicant’s DD Form 214 by changing Item 10c (Date Inducted) to read “12 Jul 66”.
2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to changing the applicant’s date of birth as it currently 
appears on his DD Form 214.
	  
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 (Separation Documents) in effect at the time, governed 
the preparation of the DD Form 214.  The DD Form 214 is a summary of a soldier’s 
most recent period of continuous active duty.  It provides a brief, clear cut record of 
active duty service at the time of release from active duty, retirement, or discharge.  
The DD Form 214 is not intended to have any legal effect on termination of a soldier’s 
service.  

3.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR.  

	a.  Paragraph 2-9 contains guidance on the burden of proof.  It states the 
ABCMR begins its consideration of each case with the presumption of administrative 
regularity, which is that what the Army did was correct.  

	b.  The ABCMR is not an investigative body and decides cases based on the 
evidence that is presented in the military records provided and the independent 
evidence submitted with the application.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.  

ABCMR Record of Proceedings (cont)	 AR20180001723

4

1