ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  3 May 2019

	DOCKET NUMBER:  AR20180015976


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 "_____ 
XXXX" instead of "X ____ XXXX."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Social Security Account Number card
*	Birth Registration card
*	Certificate of Birth
*	Certified Copy of 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's complete military record is not available to the Board 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.  However, there were sufficient documents on file for the Board to conduct a 
fair and impartial review of this case.  This case is being considered primarily using his 
DD Form 214 and documents provided by the applicant and the National Archives and 
Records Administration.

3.  The applicant provides a copy of his Certificate of Birth, which lists his DOB as  
"X__________XXXX."

4.  The applicant enlisted in the Regular Army on 7 August 1956.

5.  The applicant was released from active duty on 4 August 1959.  His DD Form 214, 
item 6 (DOB) shows his DOB as "X _____ XX."  

6.  The available military records do not record the DOB the applicant requests.

7.  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.  Item 6 (DOB) is self-explanatory.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The applicant’s contentions were carefully considered.  His military 
record is unavailable for review.  With that being said, the Board agreed to correct his 
separation document as there is insufficient information to deny his request as he did 
provide an official birth certificate as evidence there was an error.  

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 deleting the current date 
of birth shown on his DD Form 214 for the period ending 4 August 1959 and replacing it 
with the date of birth shown on his birth certificate.

	  
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 NOTE(S):

Not Applicable

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 (Separations 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 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.  Item 6 (DOB) is self-explanatory.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180015976

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