ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  4 October 2019

	DOCKET NUMBER:  AR20180002836


APPLICANT REQUESTS:  his Date of Birth (DOB) be corrected on his DD Form 214 
(Report of Separation from the Armed Forces of the United States)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	birth certificate
*	driver license
*	social security card
*	registration card
*	Medicare card
*	Veterans Affairs (VA) Statement of Claim
*	DD Form 214

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 his conscious is getting the better of him, because his mother 
spent money and time and went to court to have his DOB corrected.

3.  The applicant provides his:

*	birth certificate with a DOB of 10 May 19xx
*	Florida driver’s license with a DOB of ## X___ 19##
*	social security card
*	voter registration card with a DOB of ## X___ 19##
*	Medicare care
*	VA claim form requesting DOB to be corrected
*	DD Form 214, which shows in block 10 his DOB as ## X___ 19##
4.  There is no service record to substantiate the applicant’s military information.  The 
only documentation for the Board to review are the documents submitted in the 
applicant’s packet to include his DD Form 214.

5.  The applicant’s DD Form 214 shows:

*	he was inducted into the United States Army on 20 January 1953
*	he was honorably discharge on 1 December 1954
*	his DOB is reflected as ## X___ 19##

6.  By regulation (AR 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 the date of birth.

7.  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 
warranted.  The applicant’s contentions were carefully considered.  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 Board agreed to grant relief to show the DOB reflected on his official documents as 
his military record was not available for review to show what DOB he used during his 
period of service. 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by amending his DD Form 
214 for the period ending 1 December 1954 by showing the birth date listed on his State 
of Florida birth certificate.

	  
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, 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 the date of birth.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180002836

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