ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  .
BOARD DATE:  1 October 2019 
DOCKET NUMBER: AR20180003779

APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his date of birth (DOB) as ## X 	 
19X0 vice 3 X 	19XX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	Birth Certificate
   *	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, in effect, he used an incorrect date of birth when he entered the 
service. He states he now want his records to reflect his true date of birth. Lastly, the 
applicant shares the discrepancy has caused numerous problems between his Army 
records and the Social Security Administration (SSA).

3.	The applicant provides:

   a.	A certified copy of his Certificate of Live Birth, issued by the Michigan Department 
of Community Health, Division for Vital Records, dated 9 October 1950 that shows the 
applicant was born on ## X 	19X0.

   b.	A copy of his DD Form 214, that shows in Item 9 (Date of Birth) the DOB entered 
is different from the date shown on his birth certificate reflecting # X 	19XX.
   


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

   a.	He enlisted in the Regular Army on 2 December 1965. Item 15 (Date of Birth) of 
his DD Form 4 (Enlistment Record – Armed Forces of the United States), shows the 
DOB entered as 3 X 	19X8.  He enlisted with parental consent confirming the
DOB.
b.	He served in Vietnam, U.S. Army Pacific (USARPAC).

   c.	He was placed on the temporary disability retired list on 8 November 1967. He 
served a total of 1 year, 11 months, and 7 days of active service. Item 9 on his DD 
Form 214, shows the date of birth entered was “3 X 	19XX instead of the date on 
his birth certificate 27 X 	19XX.

5.	By regulation (AR 635-5 (Separation Documents), 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.  The specific 
instructions for Item 9 state to enter the date of birth.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted. Based upon the documentary evidence provided by the applicant and 
found within the military service record, the Board determined there was insufficient 
evidence to show an error or injustice which would warrant a correction to the 
applicant’s record. One potential outcome discussed was to grant relief based upon the 
information provided by the applicant. However, based upon the applicant’s DOB being 
consistent throughout the military record, and the applicant failing to provide any reason 
for the incorrect DOB at the time of entry, the Board found the information on the DD 
Form 214 accurately depicts circumstances as the existed at the time of the applicant’s 
service.

BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

X
:
:
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
:
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.
10/9/2019

 X	
CHAIRPERSON
Signed by: 	IN THE CASE OF:  .

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 item 9 state to enter the date of birth.

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