IN THE CASE OF:  

		BOARD DATE:  10 August 2020

		DOCKET NUMBER:  AR20190015643

A:  Date of Birth 
B:  Date of Birth 

APPLICANT REQUESTS: Correction of his record to show his Date of Birth (DOB) as A 
in lieu of B.

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 1 April 1992
*	Birth certificate number 1
*	Birth certificate number 2
*	Marriage certificate
*	Passport
*	Social security card

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 used the birth certificate issued by Milwaukee County, WI, 
for all of his schooling, military, social services, etc., for the first 40 years of his life, give 
or take.  In his early 40s he wanted to visit wife in Thailand and needed a passport.  He 
sent the birth certificate he had been using all his life to the Federal Government for the 
passport application.  They rejected it stating it did not have a raised seal.  He went to 
vital records and got three copies of his birth certificate and discovered his birth date 
was in fact "A”, not "B" as stated on his original certificate to join the military and 
everything else along the way.  He asked his mother about this and she told him it was 
the 60s, do not worry about it.  He has had nothing but problems with this.  Most things 
have been corrected over the years, but something still crops up like the Veterans 
Affairs (VA) home loan he is trying to get right now and VA medical care.
3.  A review of the applicant's official records shows the following:

	a.  On 6 October 1988, the applicant enlisted in the Regular Army.  In conjunction 
with this enlistment DD Form 4 (Enlistment/Reenlistment Document Armed Forces of 
the United States) was completed showing in item 6 (DOB) as B.

	b.  On 1 April 1992, the applicant was honorably released from active duty.  His                   
DD Form 214 shows in item 5 (DOB) as B.

	c.  On 2 April 1992, the applicant enlisted in the Army National Guard (ARNG), and 
this DD Form 4 shows his DOB as B.

	d.  On 11 January 1993, the applicant was honorably released from the ARNG.  
National Guard Bureau Form 22 (Report of Separation and Record of Service) shows in 
item 7 (DOB) as B.

4.  The applicant provides:

	a.  Birth certificate number 1 showing the applicant's DOB as A.

	b.  Birth certificate number 2 showing the applicant's DOB as B.

	c.  Marriage certificate showing the applicant's DOB as A.

	d.  Passport showing the applicant's DOB as A.

	e.  Social security card showing the applicant's social security number.

5.  See applicable references below. 

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is warranted.

2.  The Board agreed that the applicant would have had no reason to question the DOB 
recorded on birth certificate 2, as it was a state-issued document.  The Board further 
noted the applicant did not discover the error until when applying for a U.S. Passport he 
was issued the copy of his birth certificate accurately showing DOB A.  The Board 
determined the evidence supports correcting his DD Form 214 to show DOB A.
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 correcting his DD Form 
214 to show date of birth A as above.

		  
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 3 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 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, 
established the standardized policy for preparing and distributing the DD Form 214.  
The regulation directs that the purpose of the separation document is to provide the 
individual with documentary evidence of his or her military service upon retirement, 
discharge, or release from active military service or control of the Army.  It is important 
that information entered on the form should be complete and accurate.  Source 
documents will include DA Form 201 (Military Personnel Records Jacket), DA Form 2 
and 2-1 (Personnel Qualification Record), separation orders, DD Form 4, and any other 
available record. 

3.  Title 10, USC, section 1552 states the Secretary of a military department may correct 
any military record of the Secretary’s department when the Secretary considers it 
necessary to correct an error or remove an injustice.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190015643


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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