ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20190007074


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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Puerto Rico Birth Certificate, dated 8 February 2011
*	DD Form 214

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, in effect, his correct birth date is.  He requests a change to his 
DD Form 214 to reflect his correct birth date to match other official documentation with 
his correct birth date, 

3.  The applicant provides a birth certificate that reflects his correct birth date as,  
.  The applicant did not provide a driver’s license or other official documentation.

4.  The applicant used not as his birth date during his entire service time in the military.  
The applicant’s DD Form 398 (Statement of Personal History) was filled out with his 
birth date as.  The DD Form 398 contains the applicant’s signature.  A review of the 
applicant’s DD Form 47 (Record of Induction) revealed that he was inducted into the 
Regular Army on 9 February 1971 with birth date 

5.  The applicant’s records are void of any documentation with the birth date  
3.  The record is also void of any request to change his birth date prior to his release 
from active duty.  The applicant’s record consists of official documents with the 
applicant’s birth date annotated as

6.  The applicant was released from active duty on 14 April 1972.  His DD Form 214 
shows his birth date as.  The applicant signed item 32 (Signature of Person Being 
Transferred or Discharged).

7.  Army Regulation 635-5 (Separation Documents) states, in effect, that the  
DD Form 214 will reflect the conditions and circumstances that existed at the time the 
records were created.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records. The Board considered the applicant’s statement, his record of 
service, the DOB appearing on multiple documents in his records with his 
corresponding signature and the Birth Certificate dated 8 February 2011 the applicant 
provided.  After reviewing the evidence, noting the applicant provided no further 
explanation, the Board found that the DOB in the records accurately represented 
circumstances at the time of the applicant’s service.  Based on a preponderance of 
evidence, the Board determined that the applicant’s DOB as it appears on his DD Form 
214 is not in error or unjust.  

2.  The applicant is advised that a copy of these proceedings will be filed in his official 
records to clarify the difference between the DOB he used in service and the DOB he 
uses now. 

3.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
 


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.

ADMINISTRATIVE NOTE(S):  




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) establishes the standardized policy 
for preparing and distributing the DD Form 214.  It states 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.




ABCMR Record of Proceedings (cont)	 AR20190007074

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