IN THE CASE OF: BOARD DATE: 5 October 2020 DOCKET NUMBER: AR20200001260 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 7 July 1977 to show his date of birth and last name as shown on his birth certificate. 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) * Birth Certificate, issued * Orders 154-364, Headquarters, U.S. Army Training Center and Fort Dix, dated 3 June 1977 * Diploma, U.S. Army Engineer School, dated 7 September 1977 * DD Form 214 * Certificate of Appreciation, 106th Maintenance Battalion, New York Army National Guard (ARNG), for the period 19 April 1979 through 6 May 1979 * National Guard Bureau Forms 22 (Report of Separation and Record of Service) for periods ending 19 March 1980, 25 June 1980, and 31 September 1982 * Certified Translation of Petitioner's Birth Certificate, dated * Birth Certificate, issued * Orders D-01-004089, U.S. Army Reserve Personnel Center, dated 16 January 1985 * General Discharge Certificate, dated 16 January 1985 * Certificate of Birth Registration, issued * Social Security Card, issued 18 March 2009 * Certificate 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 Documents), in effect at the time, prescribed the separation documents that are furnished individuals who are retired, discharged, or released from active military service, including members of Reserve Components on active duty for training. 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 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 4 (Date of Birth) stated to enter the date in the order shown on the DD Form 214, using all numerals (e.g., 73 for year, 01 for January). 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 his social security number is correct on his DD Form 214. His date of birth shown on his baptismal certificate used when he enlisted was incorrect. 3. The evidence is sufficient to administratively correct his last name on the DD Form 214 for the period ending 7 September 1977. The Board will not consider this portion of his request, but will consider his date of birth. 3. His birth certificate, issued 16 May 1960, shows his last name and date of birth as requested in his application. 4. He enlisted in the Army National Guard on 10 March 1977. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows in: * item 1 (Name) – his last name spelled as shown on his birth certificate * item 7 (Date of Birth) – his date of birth as a different date than shown on his birth certificate 5. His baptismal certificate is not available for review. 6. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * item 1 (Name) – his last name as shown on his birth certificate and DD Form 4 * item 3 (Date of Birth) – his date of birth as shown on his DD Form 4 7. He was relieved from active duty for training on 7 September 1977. His DD Form 214 shows in: * item 1 (Last Name – First Name – Middle Name) – his last name spelled differently than shown on his birth certificate and DD Form 4 * item 4 (Date of Birth) – his date of birth as shown on his DD Form 4 8. His three National Guard Bureau Forms 22 for the periods ending 19 March 1980, 25 June 1980, and 31 September 1982, show in: * item 1 (Last Name – First Name – Middle Name) – his last name spelled as shown on his birth certificate and DD Form 4 * item 4 (Date of Birth) – his date of birth as shown on his DD Form 4 9. His records contain no documents showing his date of birth as shown on his birth certificate. 10. His birth certificates issued on all show his date of birth as shown on his original birth certificate. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. 2. The Board concurred with the correction addressed in Administrative Note(s) below. 3. The Board noted that the applicant's record contains no documents showing the date of birth recorded on his birth certificate. The Board further noted that based on the date of birth recorded on his birth certificate, the applicant would have been underage at the time of his enlistment in the Army National Guard on 10 March 1977, and making the correction he seeks would be to his disadvantage as it may raise questions of a potentially fraudulent enlistment. The Board determined the date of birth recorded in his record is an accurate reflection of the information available at the time the records were created and should not be changed. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Other than the correction addressed in Administrative Note(s) below, the Board determined 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 otherwise 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): The record confirms the applicant's last name is misspelled on his DD Form 214 for the period ending 7 September 1977. Correct the spelling of his last name to reflect the spelling shown on his DA Form 2-1. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001260 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1