ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


M. BOARD DATE:	14 February 2020

DOCKET NUMBER: AR20190011632


APPLICANT REQUESTS: correction to item 6 (Date of Birth (DOB)) of his DD Form 
214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 
ending 8 February 1960, to show his DOB as  nstead of "."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
   *	DD Form 214
   *	Certificate of Birth
   *	Social Security Card
   *	Driver's License
   *	Certificate of Baptism 
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 states, he was not old enough to enlist in 1959, so he signed for his 
parents to give him permission, and he enlisted on August .

3.	The applicant enlisted in the National Guard of the United States on 1 August 1959. 
His DD Form 4 (Enlistment Record – Armed Forces of the United States) lists his DOB 
as ."

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

5.	The applicant was released from active duty training on 6 February 1960. His 
DD Form 214 lists the same DOB shown on his enlistment contract.

6.	The applicant provides a copy of his Certificate of Birth, New Mexico Driver’s License 
and Certificate of Baptism, which lists his DOB as ."



7.	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 request, his record of 
service and the only date of birth reflected in the records. The Board considered the 
birth certificate, driver's license Certificate of Baptism the applicant provided. The 
Board found insufficient evidence to show that the DOB in the applicant's records was 
not representative of the circumstances as they existed at the time of his service. 
Based on a preponderance of evidence, the Board determined that the DOB in the 
applicant's records was not in error or unjust.

2.	After reviewing the application and all supporting documents, the Board found the 
relief was not warranted. The applicant is advised that a copy of this decision will be 
placed in his official file to clarify the difference between the DOB in the records and 
the DOB he has requested.

BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

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

 X.	

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