ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  11 October 2019

	DOCKET NUMBER:  AR20180004315


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer of Discharge) to show his date of birth (DOB) as
 "## September 19##" instead of "## September 19##."  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	New Mexico State Driver’s License

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 birth year is incorrectly listed on his DD Form 214 and 
his actual DOB is ## September 19##, instead of ## September 19##.

3.  The applicant provides his New Mexico State Driver’s License, which shows his 
DOB as ## September 19##.

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

	a.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces) is not 
available to the Board for review; however, his DD Form 214 shows he entered 
active duty on 20 July 1967.

	b.  His DD Form 20 (Personnel Qualification Record) United States) shows his 
DOB in item 6 as – September 1947.

	c.  He was honorably released from active duty on 17 July 1970 and transferred 
to the United State Army Reserves.  Item 9 (date of birth) of his DD Form 214 shows 
his DOB as "## September 19##.

5.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release 
from active military service or control of the Army.  It states the DD Form 214 is a 
synopsis of the Soldier's most recent period of continuous active service.  It provides 
a brief, clear-cut record of active Army service at the time of release from active 
duty, retirement, or discharge.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was warranted.  Based upon the documentary evidence provided by the 
applicant and found within the military service record, the Board clearly concluded 
that the current date of birth entered on the applicant’s DD form 214 was entered in 
error and warranted correction.

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 Army records of the individual concerned be corrected by amending the 
applicant’s DD Form 214 by changing box 9 to read “21 Sep 47”
	  
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 (Separations Documents), in effect during the applicant's 
active duty service, prescribed the separation documents prepared for Soldiers upon 
retirement, discharge, or release from active military service or control of the Army.  
It established standardized policy for the preparation of the DD Form 214.  It stated 
the DD Form 214 is a synopsis of the Soldier's most recent period of continuous 
active service.  It provides a brief, clear-cut record of active Army service at the time 
of release from active duty, retirement, or discharge.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180004315

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