ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20180002814

APPLICANT REQUESTS:  correction of his NGB Form 22 (Report of Separation and 
Record of Service in the Army National Guard of South Carolina) and service 
documents to reflect his correct date of birth (DOB).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	State of South Carolina Birth Certificate (x2)
*	Social Security Card
*	WD NGB Form 21 (Enlistment Record)
*	County of  Court Order for Name Change

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 something occurred last year at some point, which affected 
his actual date of birth (DOB) in the system.  He was able to correct his DOB in the 
Defense Enrollment Eligibility Reporting System (DEERS), but the Defense Finance 
and Accounting Services (DFAS) informed him the ABCMR Board was the only way 
to have it corrected in the system.  His incorrect DOB in DFAS has not had any 
effect on his retirement pay; however, he would like to have it corrected in the 
system.

3.  The applicant provides:

	a.  His WD NGB Form 21, which shows his DOB as  X___19##.

	b.  The applicant’s birth certificate shows his DOB as  X___19##.  

	c.  A court order from the state of , dated 17 October 1958.  

4.  A review of his service record shows:

	a.  His NGB Form 21(Enlistment Record) showing he enlisted in the Army 
National Guard in the state of South Carolina on 30 November 1973.  His DOB is 
shown as  X___ 19##. 

	b.  His DA Form 66 (Officer Qualification Record) shows his DOB as X___ 
19##.  

	c. His NGB Form 22 (Report of Separation and Record of Service in the Army 
National Guard) shows he was discharged on 29 November 1976.  His DOB is 
shown as  X___ 19##.  

	d.  He retired on 8 February 1991; however, his DOB is not shown of his 
retirement orders.

5.  Army Regulation 635-5 (Separation Documents), states, a DD Form 214 will be 
prepared for all personnel, including members of the USAR after completing 90 days 
or more of continuous on active duty for training, full-time training duty, or active duty 
support.  

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 DOB during his entire period of 
service, and making the change would show he was not old enough to enlist.

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 legal 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.  Special Regulation 615-360-1 (Enlisted Personnel – Separation of Enlisted 
Personnel), in effect at the time, established procedures to be followed in the 
separation of enlisted personnel from active military service and described the 
proper method of execution an disposition of the various forms, records, and reports 
required, including the standardized policy for preparing and distributing the DD 
Form 214.  Instructions for the completion of Item 10 (Date of Birth) state to enter the 
date of birth as shown on the enlistment record.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180002814

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