ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 18 August 2020 DOCKET NUMBER: AR20190013128 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * item 6 (Date of Birth) – his date of birth as shown on his birth certificate * item 10a (Highest Civilian Education Level Attained) – he completed high school APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Letter, dated 11 October 2019 * DD Form 214 * Two Honorable Discharge Certificates, dated 18 June 1964 and 14 October 1977 * Standard Form 89 (Report of Medical History), dated 21 January 1971 * Standard Form 88 (Report of Medical Examination), dated 21 January 1971 * Two Certificates of Training, dated 6 May 1973 and undated * Orders, Headquarters, First U.S. Army, Fort Meade, MD, dated 14 October 1977 * Department of Veterans Affairs Identification Card * State Driver's License, dated * Department of Health Certification of Birth, issued 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-5 (Separation Forms), in effect at the time, prescribed the forms to be used in the separation of Army personnel and were applicable to all officer and enlisted personnel on active duty. a. Section II, paragraph 4b, stated a DD Form 214 will be issued at the time of separation to members of the Reserve Components, including Army of the United States without component, who were ordered to active duty or active duty for training for 90 days or more (or for an indefinite period), regardless of the actual number of days served, and to each member of the Regular Army. b. Appendix III, paragraph 1, stated the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested Government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as the result of such service.. It is important that information entered thereon is complete and accurate. All available records will be used as a basis for preparation of DD Form 214, including the DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), and orders. c. The specific instructions for: * item 6 (Date of Birth) stated this entry is self-explanatory * item 10a (Highest Civilian Education Level Attained) stated to enter the information from the DA Form 20 FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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: a. The DD Form 214 he received in March 2019 shows his date of birth as , but his actual date of birth is. b. He completed his high school diploma while serving in the U.S. Army Reserve. His DD Form 214 shows he completed the eighth grade. c. As a Reservist, he attended the American College in Puerto Rico, but he did not complete a degree program. 3. His pre-induction Standard Form 88 and Standard Form 89, dated, show his date of birth as 4. He was inducted into the Army of the United States on 15 June 1958. Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) shows his date of birth as . Item 11 (Education) shows he completed the eighth grade. 5. His separation Standard Form 88 and Standard Form 89, dated 7 April, show his date of birth as. 6. His records contain no evidence showing he completed any civilian education beyond the eighth grade prior to his release from active duty. 7. On 1 June, he was released from active duty and transferred to the U.S. Army Reserve Antilles Command, U.S. Army Caribbean, Puerto Rico. He completed 1 year, 11 months, and 17 days of active duty service during this period. His DD Form 214 shows in: * item 6 (Date of Birth) – * item 10a (Highest Civilian Education Level Attained) – 8 Years Elementary 8. His DA Form 20 (Enlisted Qualification Record) shows in: * item 3 (Date of Birth) – * item 25 (Civilian Education) – Elementary, 8 Years * item 33 (Record of Assignments) – discharge from the U.S. Army Reserve, Headquarters, Antilles Command, U.S. Army Caribbean, Special Orders 121 effective 18 June by reason of completion of his service obligation 9. His Standard Form 88 and Standard Form 89, dated 21 January 1971, for the purpose of enlistment in the U.S. Army Reserve show his date of birth as. 10. His Department of Veterans Affairs Identification card and State driver's license show his date of birth as. 11. His birth certificate, issued 12 April, shows his date of birth as. 12. His records contain no evidence showing he completed his high school equivalency while serving in the U.S. Army Reserve. BOARD DISCUSSION: After review of the application and all evidence, based on a preponderance of evidence, the Board determined there is insufficient evidence to grant relief. 1. The applicant’s service record is void of the birthdate listed on the birth certificate the applicant provided and he attested to his birthdate on his DD Form 47 Record of Induction, which is the same date of birth reflected on the applicant’s DD Form 214. The Board found insufficient evidence to show that the applicant's birthdate, as recorded in his records, did not represent the circumstances as they existed at the time of service. The Board agreed regulatory guidance provides for the maintaining of military records as they were during the member’s period of service. The Board found insufficient evidence to determine that the applicant achieved his HS diploma/equivalency during the period of active duty shown on his DD Form 214. 2. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion about the difference in the date of birth recorded in his military records and the date of birth on his birth certificate and other current identification documents. 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. X CHAIRPERSON 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. ADMINISTRATIVE NOTE(S): 1. If the applicant were born in March 1942, he would have been 16 years of age at the time of his induction. At no time since 1940 has the U.S. military involuntarily inducted individuals under the age of 18 or voluntarily enlisted individuals under the age of 17. 2. The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. //NOTHING FOLLOWS//