ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  2 October 2019

	DOCKET NUMBER:  AR20180002240


APPLICANT REQUESTS: correct his date of birth on his DD Form 214 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Birth
*	DD Form 214 (Armed Forces of the United States Report 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 (ABCMR) 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 his date of birth on his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) is wrong.  

3.  The applicant provides:

	a.  A copy of his certificate of birth, which shows his date of birth as 6 August 
1948.

	b.  A copy of his DD Form 214 for the period ending 26 August 1971, which 
shows his date of birth as x A___ 19##.

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

	a.  He enlisted in the Regular Army on 12 May 1970.  His DD Form 4 (Enlistment 
Contract – Armed Forces of the United States) item 21 shows his date of birth as 
x ___ 19*##, which he authenticated with his signature.

	b. He was honorably discharged on 5 February 1971 for immediate reenlistment 
on 6 February 1971.  His DD Form 214 shows in in tem 9 his date of birth as 
x A___ 19##, which he authenticated with his signature.

	c.  He reenlisted on 12 May 1970, his DD Form 4 item 21 shows his date of birth 
as x A___ 19##, which he authenticated with his signature.

	d.  He was honorably discharged on 26 August 1971.  His DD Form 214 shows in 
item 9 his date of birth as x A___ 19##.

	e.  A copy of a Federal Bureau of Investigation (FBI) identification record shows 
his date of birth as x Axxxx 1948.  The report also shows other birth dates used as  
x A___ 19## and x J___ 19##.

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 review of the application and all evidence, the Board determined the evidence 
presented does not demonstrate the existence of a probable error or injustice.  The 
applicant used the contested DOB during his entire period of service.  Therefore, the 
Board determined the overall merits of this case are insufficient as a basis for 
correction of the records of the individual concerned.

The Army has an interest in maintaining the integrity of its records for historical 
purposes.  The information in those records must reflect the conditions and 
circumstances that existed at the time the records were created.  In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed. 

The applicant is advised that a copy of this decisional document, along with his 
application and the supporting evidence he provided, will be filed in his official 
military records.  This should serve to clarify any questions or confusion regarding 
the difference in the DOB recorded in his military records and to satisfy his desire to 
have his DOB documented in his military records.



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 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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180002240

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