ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 13 August 2020 DOCKET NUMBER: AR20190013357 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as instead of. 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). 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records will be used as a basis for the preparation of the DD Form 214, including the DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. The specific instructions for item 9 (DOB) stated the entry is self-explanatory. 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 he believes a mistake was made in entering his DOB on his DD Form 214 during separation processing. 3. He enlisted in the Regular Army on 8 November 1966. Item 15 (DOB) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his DOB as . 4. Item 6 (DOB) of his DA Form 20 shows his DOB as. 5. He was honorably released from active duty on 10 October 1969. Item 9 (DOB) of his DD Form 214 shows his DOB as. 6. His records contain no documents showing his DOB as. 7. He did not provide any documentary evidence in support of his requested DOB. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The applicant requested to have his date of birth corrected to a different day and month of the same year. The Board agreed that regulatory guidance provides for the maintaining of military records as they were during the member’s period of service. The Board found insufficient evidence in the official record of the date of birth that the applicant would like to be reflected 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 date of birth that is reflected on his DD Form 214. 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. ADMINISTRATIVE NOTE(S): not applicable. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190013357 3 1