ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                  
                  BOARD DATE:  6 September 2019

                  DOCKET NUMBER:  AR20180009296


APPLICANT REQUESTS: in effect, correction to his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) for the period ending November to show 
in item 6 (Date of Birth (DOB)), and DD Form 214 (Report of Separation from the Armed 
Forces of the United Stated) for the period ending 4 May to show in item 10 (DOB) 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	State of 
*	DD Forms 214

FACTS: 

1.  While it appears the applicant did not file within the time frame provided in the statute 
of limitations, the Army Board for Correction of Military Records (ABCMR) has elected 
to conduct a substantive review of this case and, only to the extent relief, if any, is 
granted, has determined it is in the interest of justice to excuse the applicant's failure to 
timely file.  In all other respects, there are insufficient bases to waive the statute of 
limitations for timely filing.

2.  The applicant states that his date of birth needs to be changed to read instead which 
is currently listed on his DD Forms 214.  His birth certificate shows that he was born on 

3.  The applicant's military records are not available to the ABCMR for review.  A fire 
destroyed approximately 18 million service members’ records at the National Personnel 
Records Center in 1973.  It is believed that his records were lost or destroyed in that 
fire.  This case is being considered using reconstructed records.

4.  All of the available documents in his military record, including his DD Forms 214, 
reflect his DOB as."
5.  His military record reflects a letter issued by the U.S. Army Human Resources 
Command, dated 4 May 2018, which was sent to the applicant and states, "…this 
Command is unable to grant this change.  For historical purposes, the Army has an 
interest in maintaining the accuracy of its records…[a] review of your military record 
reflects your entire military service was served under the date of birth listed on your 
DD Form 214’s."

6.  Army Regulation 635-5 (Separation Documents), states the purpose of the 
separation document is to provide the individual with documentary evidence of his or 
her military service at the time of release from active duty, retirement, or discharge.  
Item 6 is self-explanatory and item 10 is obtained from the service member’s  
DA Form 20 (Enlisted Qualification Record), which lists the DOB.

6.  The applicant provides a copy of his birth certificate and driver license, which shows 
his DOB 

BOARD DISCUSSION:

 1. The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the belief that his records were burned or lost in the fire at the personnel 
records center, the date of birth reflected in the available records, his driver’s license 
and certificate of birth issued.  The Board found insufficient evidence that the DOB in his 
records did not reflect the conditions and circumstances at the time of the applicant’s 
service and the applicant provided none.  Based on a preponderance of evidence, the 
Board determined that the DOB shown on the applicant’s DD forms 214 were not in 
error or unjust.

2.  The applicant is advised that a copy of this decisional document will be filed in his 
official military personnel file.  This should serve to clarify any questions or confusion 
about the difference in the date of birth recorded in his military records and the date of 
birth on his birth certificate.
3.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.












BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	      :	      :	FULL GRANT

:	      :	      :	PARTIAL GRANT

:	      :	      :	FORMAL HEARING GRANT

: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.

ADMINISTRATIVE NOTES(S): 

Not Applicable.
?

REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-year statute 
of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 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.  It provided for the entry of 
the Soldier's DOB in item 6 or item 10.
ABCMR Record of Proceedings (cont)                                                  AR20180009296
	 	
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