ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  11 October 2019

	DOCKET NUMBER:  AR20190003712


APPLICANT REQUESTS:  the following corrections on his DD Form 214 (Armed 
Forces of the United States Report of Transfer or Discharge):

a.  name
           b.  date of birth (DOB)   

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Birth Certificate
*	Social Security Card 
*	DD Form 214
*	NGB Form 22 (Report of Separation and Record of Service) 
*	Honorable Discharge 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 (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 the DOB and legal name currently reflected on his                    
DD Form 214 are incorrect.  He contests that his DOB is 23 October 1939, not                      
14 February 1939, and that his legal name is.

3.  The applicant provides:

*	Birth Certificate – reflective of the name born to father on 23 October 1939
*	Social Security Card - reflective of the name  
*	DD Form 214, dated 9 October 1962 – reflective of the name and a DOB of “14 
February 1939”
*	NGB Form 22 (Report of Separation and Record of Service) dated                                
14 February 1965 - reflective of the name  and DOB of
*	Honorable Discharge Certificate, dated 14 February 1965 – reflective of the 
name 

4.  A review of the applicant’s available service records shows the same personal 
information (name and DOB) consistently throughout.  His records are void of any 
administrative documentation that reflects the name or a DOB.  

5.  AR 635-5 (Separation Documents) establishes the standardized policy for 
preparing and distributing the DD Form 214.  The regulation directs that 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.  It is important that information entered on the form be complete and 
accurate and reflects the conditions as they existed at the time of separation.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.  The available records show the applicant served exclusively under the name and 
his DOB was consistently recorded as   The Board agreed that the available 
evidence does not illustrate an error or injustice that would serve as a basis for the 
corrections the applicant seeks.  The record accurately reflects the information that 
was available during the applicant's period of service.  

3.  A copy of this decisional document will be filed in his military personnel records.  
This should serve to clarify any questions or confusion in regard to the difference 
between the name and DOB recorded in his service record and the name and DOB 
shown on his birth certificate. 


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 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.  AR 635-5 (Separation Documents) establishes the standardized policy for 
preparing and distributing the DD Form 214.  The regulation directs that 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.  It is important that information entered on the form be complete and 
accurate and reflects the conditions as they existed at the time of separation.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190003712

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