ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS

IN THE CASE OF:

BOARD DATE: 3 October 2019 
DOCKET NUMBER: AR20190008105

APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 9 June 1982 to show his date of 
birth (DOB) as "XXXXXXXX" instead of "XXXXXXXX."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
   *	State of Rhode Island and Providence Plantations – 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 states his date of birth was recorded by the use of a wrong birth 
certificate. He needs it corrected to utilize the benefits available from the Veterans 
Affairs.

3.	The applicant enlisted in the Regular Army on 10 April 1979. His DD Form 4 
(Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows he 
listed his DOB as XXXXXXXX.

4.	The applicant was released from active duty on 9 June 1982. Item 5 (Date of Birth) 
of his DD Form 214 shows "XXXXXXXX."

5.	A review of his official military personnel file (OMPF) reveals all applicable 
documents contains his contested DOB.

6.	The applicant provides a State  
Certificate of Live Birth that shows his DOB as "XXXXXXXX."



7.	Army Regulation 635-5 (Separation Documents), dated 15 September 1979, directed 
to enter the year, month, and day written in that sequence without spaces or slashes in 
item 5 at the time of separation.

BOARD DISCUSSION:

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

2.	A majority of the Board noted that the applicant consistently used the DOB 
24 December 1960 throughout his service.  The applicant states the wrong birth
certificate was used in error, but he provides no further explanation of how that error 
occurred, nor does he provide a copy of the birth certificate that was used in error. A 
majority of the Board agreed that the applicant's DD Form 214 accurately reflects the 
information available to the Army at the time of the applicant's service and the available 
evidence does not support a recommendation to grant the requested relief.
3.	The dissenting Board member recommended granting relief on the basis that the 
DOB recorded on the applicant's DD Form 214 may be depriving the applicant of 
benefits he earned.
4.	The applicant is advised that a copy of this decision will be placed in his records to 
calrify the difference between the DOB in his records and the DOB he uses today.




BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:X
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
: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.







CHAIRPERSON

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 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), dated 15 September 1979, 
prescribes the separation documents prepared for Soldiers upon retirement, discharge, 
or release from active military service or control of the Army.  It establishes 
standardized policy for the preparation of the DD Form 214. For item 5, enter date 
using six-digit number in this item; year, month, and day written in that sequence 
without spaces or slashes, e.g., 420106 for 6 Jan 42.