ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 June 2019 DOCKET NUMBER: AR20190004585 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 "X XXXX XXXX instead of "X XXXXXX XXXX." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Certificate of Live Birth 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 provides a copy of his Certificate of Live Birth, which lists his DOB as "X XXXXX XXXX." 3. The applicant was inducted into the Army of the United States on 25 March 1968, his DD Form 47 (Record of Induction) shows his DOB as "X XXX XX." 4. His available military records do not record the DOB he requests. 5. The applicant was honorably released from active duty on 24 March 1970. Item 9 (DOB) of his DD Form 214 lists his DOB as "X XXX XX." 6. The applicant provides a Certificate of Live Birth which records his DOB as "XXX X, XXXX." However, the handwriting could easily have be mistaken for "XXX" instead of "XXX." 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 9 (DOB) is self-explanatory. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the clear DOB error on the applicant’s DD Form 214, the DOB recorded on his Record of Induction and the DOB on the birth certificate he provided. The Board determined, based on preponderance of evidence, that the applicant’s record should be corrected to show the DOB recorded on his birth certificate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 full relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the individual’s DD Form 214 for the period of service ending 24 March 1970 to reflect in item 9 Date of Birth the date shown on the Certificate of Live Birth he provided. 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 9 (DOB) is self-explanatory. ABCMR Record of Proceedings (cont) AR20190004585 4 1