ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                  IN THE CASE OF:  

                  BOARD DATE:  21 October 2019

                  DOCKET NUMBER:  AR20190010036


APPLICANT REQUESTS: correction to DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending on 25 July 1968 and to his 
DD Form 214 (Report of Separation from Active Duty) for the period ending 
26 September 1975 to show his date of birth (DOB) as XXXXXX instead of XXXXXX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Two DD Forms 214
*	Social Security card
*	Certification of Birth

FACTS: 

1.  While it appears the applicant did not file within the time frame provided in the statute 
of limitations, the Army Board for Correction of Military Records (ABCMR) has elected 
to conduct a substantive review of this case and, only to the extent relief, if any, is 
granted, has determined it is in the interest of justice to excuse the applicant's failure to 
timely file.  In all other respects, there are insufficient bases to waive the statute of 
limitations for timely filing.

2.  The applicant states the DOB on his DD Forms 214 are incorrect.

3.  The applicant requested correction of his DD Form 214 (Report of Separation from 
Active Duty) for the period ending 26 September 1975, which was issued by the U.S. 
Navy.  The Board will not consider this portion of his request, as the ABCMR is only 
empowered to correct Army records.  The applicant must address this portion of his 
request to the Board for Correction of Naval Records.  

4.  All of the documents in his military record, including his DD Form 47 (Record of 
Induction) reflect his DOB as XXXXXX.  

5.  The applicant provided a DD Form 214, which covered a period of service in the U.S. 
Navy ending on 26 September 1975, which shows the contested DOB.

6.  The applicant provides a copy of his social security card, issued on 19 February 
2019.  He also provides his birth certificate, issued by the Government of Puerto Rico 
on 13 June 2019, which shows his DOB as XXXXXX.

7.  Army Regulation 635-5 (Separation Documents), prescribes policies and procedures 
for the completion of the DD Form 214.  The DD Form 214 is a historical document that 
should reflect the record as it existed at the time the DD Form 214 was created.  


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is warranted.

2.  The Board agreed that the applicant appears to not have known the exact day of his 
birth at the time of induction.  Considering that only the day of birth is incorrect, the 
Board agreed that the birth certificate he provided is sufficient as a basis for correcting 
the day of birth recorded on his DD Form 214 for the period ending 25 July 1968.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XX	:XX	FULL GRANT

:	      :	      :	PARTIAL GRANT

:	      :	      :	FORMAL HEARING GRANT

:	      :	      :	DENY APPLICATION












BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by amending item 9 (Date of 
Birth) of his DD Form 214 for the period ending 25 July 1968 as follows:

*	Delete "XXXXXX" 
*	Add "XXXXXX" 
												 
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, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-year statute 
of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 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.  It provided for the entry of 
the Soldier's DOB in items 4 and 9, respectfully.

							//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)                                                  AR20190010036
	 	
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