BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 October 2019

	DOCKET NUMBER:  AR20180002415


APPLICANT REQUESTS:  correction of his DD Form 214s (Certificate of Release or 
Discharge from Active Duty), to show his correct date of birth (DOB) as "## X__ 
19##" instead of ""## X__ 19##."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	State of Pennsylvania Birth Certificate

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 is inaccurate, based on his birth certificate.  

3.  The applicant provides a copy of his birth certificate from the state of 
Pennsylvania with the date of birth listed as ## X__ 19##.  

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

	a.  Having prior service in the Army National Guard, he enlisted in the Regular 
Army on 22 May 1985.

	b.  The applicant’s DD Form 4 (Enlistment Contract) is not available for the Board 
to review.

	c.  His Personnel Qualification Record shows his DOB as ## X__ 19##.

   d.  His DD Forms 214 while serving in the Army National Guard for the periods 
ending 16 August 1979 and 13 August 1980 shows his DOB as ## X__ 19##.

	e.  The applicant was released from active duty on 17 November 1988.  Item 5 
(DOB) of his DD Form 214 shows (year-month-day) 62--##.

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 found relief 
was not warranted.  The applicant’s contentions were carefully considered.  
Evidence of record shows he used the contested birth date during his entire period 
of service.  Altering the year of birth would show he was not of legal age to enlist 
when he first entered military service.  

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 shown on his birth certificate 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 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 at the time of 
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 instructions for completion of Item 5 (Date 
of Birth) state to enter the six-digit number:  year, month, and day without spaces or 
slashes.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180002415

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