ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 April 2020 DOCKET NUMBER: AR20190012824 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 16 March 1992 to show his correct date of birth (DOB) month to January instead June. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 March 1992 * State Certificate of Vital Records, dated 4 December 2018 * Identification Card, dated 5 December 2018 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 he would like his date of birth be changed from June to January, his actual birthdate. The applicant states he just discovered the error while trying to fill out the e-benefits portal. He had not discovered the error on his DD Form 214 until now. Without the proper date, he cannot fill out the e-benefit portal. 3. The applicant enlisted in the Regular Army on 20 January 1988. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows he listed his DOB as June. 4. The applicant was released from active duty on 16 June 1992. Item 5 (Date of Birth) of his DD Form 214 shows June. 5. A review of his official military personnel file (OMPF) reveals all applicable documents contains his contested DOB in June. 6. The applicant provides a copy of his original State Certificate of Vital Records issued in January, 4 days after his birth, and an identification card that showing his DOB in January, not June. The applicant also provides a copy of his social security card with social security number (SSN) that matches the SSN on his DD Form 214. BOARD DISCUSSION: After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above, the Board found that relief is warranted as recommended in the Board Determination and Recommendation below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XX 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 on his DD Form 214 his date of birth in January as shown on his state certificate of birth. 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) 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 and DD Form 215. For item 5, Date of Birth, enter date using six–digit number in this item; year, month, and day written in that sequence without spaces or slashes, e.g., 690312 for March 12, 1969. 3. AR 635-5 states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Once a DD Form 214 has been issued, do not reissue, except when two DD Forms 215 have been issued and an additional correction is required. The DD Form 214 is of vital importance to the separating soldier and must be properly prepared according to prescribed guidance. No deviation is authorized. Ensure that each soldier entitled to receive a DD Form 214 is counseled and understand the following: * This is the most vital document he or she will receive from the Army, and it is imperative to safeguard this document carefully. * The benefits a soldier may be eligible to receive as a result of military service will be based primarily on the DD Form 214. // NOTHING FOLLOWS // ABCMR Record of Proceedings (cont) AR20190012824 3 1