ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 September 2019

	DOCKET NUMBER:  AR20180011649


APPLICANT REQUESTS: a correction to his date of birth on his DD Form 214 
(Armed Forces or the United States Report of Transfer or Discharge)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Self-Authored Statement
*	Copy of Birth Certificate
*	Copy of Driver’s License
*	Previous DD Form 149
*	Letter from the Case Management Division x 2
*	Letter from Human Resource Service Center

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 birthday is incorrect on his DD Form 214.  The month 
and day are transposed and should be xx February 19xx.  He believes this was a 
clerical error.

3.  The applicant provides:

	a.  A self-authored statement, which states his DD Form 214 shows his birthdate 
as  December, xx, 19_ _ and it should be X_______, xx 19_ _.  He had not noticed 
the error until he began receiving medical treatment through the Veteran’s 
Administration.  It makes it difficult to register for treatment, when he is trying to scan 
in at the hospital kiosks.  

	b.  A copy of his birth certificate showing his birthdate as X______ xx, 19_ _.

	c.  A letter from Human Resource Service Center showing he has exhausted all 
measures prior to submitting his application to the Army Board for Correction of 
Military Records (ABCMR). 

4.  A review of his service record shows:

	a.  He was inducted into the Army of the United States on 7 October 1970.  In 
block 5 (Date of Birth (Day-Month-Year)) on his DD form 47 (Record of Induction), 
shows x/12/XX.  

	b.  He was honorably released from active duty on 12 April 1972.  He completed 
1 year, 6 months and 6 days of net service this period and his date of birth is listed in 
item 9 as x/Dec/50.

5.  By regulation, Army Regulation 635-5 (Personnel Separations - Separation 
Documents), the separation documents that will be furnished each individual who is 
separated from the Army including Active Duty Training personnel and cadets from the 
United States Military Academy.  The purpose of a separation document is to provide the 
individual with documentary evidence of his military service.  It is a vital record for interested 
Government agencies which assists the veteran in obtaining the rights and benefits to which 
he is entitled.  It is important that information entered thereon be complete and accurate.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was warranted.  The applicant’s contentions were carefully considered.  Based upon 
the evidence provided, the Board agreed the separation document shows his DOB 
with transposed numbers and warrant 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 the Army records of the individual concerned be corrected by amending his DD 
Form 214 for the period ending 12 April 1972 by showing the birth date listed on his 
certificate of live birth.

	  
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 AR 635-5 (Personnel Separations - Separation Documents), in 
effect at the time, prescribed the separation documents that will be furnished each 
individual who is separated from the Army including Active Duty Training personnel 
and cadets from the United States Military Academy.  The purpose of a separation 
document is to provide the individual with documentary evidence of his military 
service.  It is a vital record for interested Government agencies which assists the 
veteran in obtaining the rights and benefits to which he is entitled.  It is important that 
information entered thereon be complete and accurate.  Section II – Authorized 
Separation Documents in paragraph 1-3 states that DD Form 214 will be issued at 
time of separation to each member of the regular army, reserve component and the 
AUS without component, called or ordered to active duty. 

3.  Paragraph 2 – Preparation and Distribution of DD Form 214, in effect at the time, 
states that all available records will be used as a basis for the preparation of the DD 
Form 214 WS (worksheet), including DA Form 20 (Enlisted Qualification Record), 
DA Form 66 (Officer Qualification Record), and orders.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180011649

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