ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20190007933


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 23 February 1960, to 
show in Item 6 (Date of Birth (DOB)) 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Ukraine Certificate of Birth with English translation, dated 26 April 2013
*	Certificate of Naturalization, dated 25 October 2013
*	Driver License

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 enlisted in the Regular Army (RA) on 24 February 1956.

3.  His DD Form 4 (Enlistment Record-Armed Forces of the United States Army) shows 
his DOB as.  This is the only DOB listed in his military records.

4. He was released from active duty on 23 February 1960.  Item 5 of his DD Form 214 
lists the DOB recorded on his DD Form 4.

5.  He provides a birth certificate, Certificate of Naturalization, and driver license, which 
lists his DOB as.

6.  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.
//NOTHING FOLLOWS//

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 throughout his records with corresponding signatures and 
the post-service documents provided by the applicant that reflect the requested DOB. 
Upon review of the evidence, the Board found that the DOB in the applicant’s records 
represented circumstances as they existed at the time of his 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):  

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 (Separation 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 states 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.

ABCMR Record of Proceedings (cont)	 AR20190000470

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