ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  10 February 2020

	DOCKET NUMBER:  AR20190011113


APPLICANT REQUESTS:  correction of item 6 (Date of Birth (DOB)) his DD Form 214 
(Armed Forces of the United States Report of Transfer or Discharge) for the period 
ending  August  to show his DOB XXXX" instead of "XXXX."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Standard Certificate of 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 (ABCMR) 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 Army National Guard (ARNG) on March.  His DD Form 
4 (Enlistment Record – Armed Forces of the United States) lists his DOB as XXXX."

3.  The DOB listed on his DD Form 214 is the only DOB recorded in his military records.

4.  The applicant was ordered to active duty from the ARNG on October.  He was 
honorably released to the ARNG on August.  The DD Form 214 he was issued lists the 
same DOB shown on his enlistment contract.  

5.  The applicant provides a copy of his Standard Certificate of Birth issued on, which 
lists his DOB as " XXXX (mm/dd/yyyy)." 

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.  Item 6 (DOB) is self-explanatory.   



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 as shown in the records and upon his separation. The Board 
considered the Certificate of Birth issued on 19 June 2018.  The Board did not find 
sufficient evidence to show that the Date of Birth in the applicant’s records was not 
reflective of the circumstances as they existed at the time of his service.  Based on a 
preponderance of evidence, the Board determined that the date of birth as shown on 
the applicant’s DD Form 214 was not in error or unjust. 

2.  The applicant is advised that a copy of this decision will be placed in his official 
record and will serve to clarify the difference between the date of birth in his records and 
the date of birth as it appears on his Certificate of Birth.

3.  After reviewing the application and all supporting documents, the Board found the 
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.















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 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 (Separations 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 established standardized policy for the 
preparation of the DD Form 214.  It stated 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.  Item 6 (DOB) is self-explanatory.  

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190011113

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