ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  24 October 2019

	DOCKET NUMBER:  AR20190011581


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to reflect his date of birth (DOB) in lieu of.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	letter from applicant
*	birth certificate
*	Congressional liaison letter dated 13 August 2018

FACTS:

1.  The applicant did not file within the 3 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 he has made multiple requests to have his DOB shown on 
his DD Form 214 corrected.  He must get this corrected before some tragic event 
and his wife has issues resolving his military affairs.

3.  The applicant commissioned into the United States Army Reserve on 
17 December 1980 and entered active duty on 4 January 1981.  His DA Form 61 
(Application for Appointment) shows his DOB as.

4.  The following documents in his service personnel record all show his DOB as:

*	DA Form 61 
*	Standard Form (SF) 88 (Report of Medical Examination), dated 
18 November 1980
*	DAPC-PDS-RR Form 185 (Computation of Officer’s Service), dated 
7 January 1983
*	Officer Record Brief, dated 2 March 2002
*	Orders 305-10, dated 1 November 2001 (retirement orders from active duty)
*	DD Form 214

5.  The applicant’s certificate of birth is not filed in his personnel record as a source 
document when he applied for appointment into the U.S. Armed Forces.  There is no 
other source document filed in his personnel record verifying his DOB. 

6.  The applicant retired from active duty and transferred to the United States Army 
Control Group (Retired) on 28 February 2002.  His DOB shown on his DD Form 214 
is.

7.  There is one SF 88 dated 29 July 1981 in his military personnel record showing 
his DOB as.

8.  The birth certificate he provided shows his DOB as.

9.  The applicant states in his letter dated 9 July 2018 he recently discovered the 
discrepancy concerning his DOB when he requested his birth certificate.

10.  An entry made by the U.S. Army Human Resources Command (AHRC) in their 
electronic Soldier Management System reflects his request to correct his DOB which 
was denied by AHRC due to lack of evidence showing he served under the DOB he 
now requests.

11.  The applicant provided a letter from the Army Review Boards Agency 
Congressional Liaison and Inquires dated 13 August 2018 instructing him to submit 
a DD Form 149 to the Army Board for Correction of Military Records.  There is a 
requirement for all applicants to complete the DD Form 149 so as to comply with the 
1974 Privacy Act. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that 
relief is warranted to correct the applicant’s DOB on his DD Form 214.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 showing his dated of 
birth on his DD Form 214 consistent with this birth certificate.


	  
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 (Separation Documents), in effect at the time, states the 
DD Form 214 is a summary of a soldier’s most recent period of continuous active 
duty service.  It provides a brief, clear cut record of active duty service at the time of 
release from active duty, retirement, or discharge. The DD Form 214 is not intended 
to have any legal effect on termination of a Soldier’s service.  

     a.  This regulation establishes standardized policy for preparing and distributing 
the DD Form 214.  The following documents are source documents used to prepare 
the DD Form 214:

*	Officer Record Brief or Enlisted Record Brief
*	separation approval authority documentation
*	separation order
*	any other document authorized for filing in the official military personnel file 
including the DA Form 61, SF 88, and orders 

     b.  For Item 5 (DOB) it states to enter the six-digit number; year, month, and day 
from the Officer Record Brief or the Enlisted Record Brief.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190011581

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