ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  17 September 2019

	DOCKET NUMBER:  AR20180009555


APPLICANT REQUESTS: correction of his date of birth (DOB) on his DD 214 (Armed Forces of the United States Report of Transfer or discharge) from XX X__ 19XX to 
XX X__ 19XX

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Birth Certificate 

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 birthday is incorrectly recorded as XX X__19XX on his DD Form 214 issued on 25 March 1970.  His correct date of birth is XX NXX 19XX.

3.  The applicant provided a stated issued birth certificate from the state of Florida.  The birth certificate shows the applicants official date of birth as XX X__19XX. 

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

a. He was inducted into the Army of the United States on 19 August 1968:  

	b.  His service record contains DA Form 20 (Enlisted Qualification Record), DA Form 47 (Record of Induction), and DD Form 398 (Statement of Personal History) all reflect his DOB as XX X__ 19XX.

	c.  On 25 March 1970, the applicant was honorably released from active duty.  His DD Form 214 shows his DOB as XX X__ 19XX. 

5.  By regulation, Army Regulation 635-5 (Separation Documents) the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states for: Item: 9, Date of Birth, this entry is self-explanatory.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Board members believed the Army must maintain the integrity of its records.  The 20 February date of birth appears throughout his service record and the applicant failed to provide any justification for the discrepancy in the date

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 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 (Separation Documents) in effect at the time states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states for: Item: 9, Date of Birth.is Self-explanatory.

ABCMR Record of Proceedings (cont)	 AR20180009555


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