ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  3 October 2019

	DOCKET NUMBER:  AR20190009105


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 21 July 1982 to show her date of birth 
(DOB) as  instead of ." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record) with written 
statement
*	Commonwealth of Virginia – Certificate of Live Birth
*	DD Forms 214, member copies  and 

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 her DOB is incorrect and she has tried multiple times to get it 
corrected.  

3.  The applicant enlisted in the Regular Army on 25 July 1978.  Her DD Form 4 
(Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows 
she listed her DOB as .  

4.  The applicant's was released from active duty on 21 July 1982.  Item 5 (DOB) of her 
DD Form 214 shows "" (i.e.,). 

5.  Her official military personnel file (OMPF) contains a DA Form 873 (Certificate of 
Clearance and/or Security Determination) that shows her DOB as ."  No 
documents in her record show the DOB she states is correct.  

6.  The applicant provides a – Certificate of Live Birth that 
shows her DOB as "." 

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, the Board found the 
requested relief is not warranted.

2.  The Board noted that the DOB recorded on the applicant's Certificate of Live Birth 
was never recorded in her military service records.  The Board also noted that her 
DD Form 214 shows a DOB that differs from the DOB recorded elsewhere in her record.  
There is no evidence in the available service records indicating she attempted to correct 
her DOB during her period of active duty service.  The Board agreed that the evidence 
available in this case does not offer a sufficient basis upon which to recomment relief.  
3.  The Board noted that a copy of this decisional document will be filed in her military 
personnel records, which should serve to clarify any questions or confusion regarding 
the difference between the DOB recorded in her military records and the DOB shown on 
her Certificate of Live Birth.  

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 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.

ABCMR Record of Proceedings (cont)	 AR20190009105
	
2

1