ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:                        

		BOARD DATE:  23 October 2020

		DOCKET NUMBER:  AR20200001983


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 
shown on his birth certificate. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Birth

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, 
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 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 this entry is self-explanatory.

3.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at 
the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 7 
(Minority), states Commanders are authorized to order discharge or release from 
military control of an individual on account of minority, as appropriate.

	a.  Unless under charges for a serious offense committed after attaining the age of 
17 years, male members will be discharged for minority under the following 
circumstances:
	(1)  Upon application of the parents or guardian of a regular enlisted memo or 
made within 90 days after the member's enlistment if:

	(a)  there is satisfactory evidence that the member is under 18 years of age, and

	(b)  the member enlisted without the consent of his parents or guardian.

	(2)  If the member volunteered for induction while under 18 years of age without 
the consent of the parents or guardian and the member has attained 17 years of age 
but not the age of 18 years when satisfactory proof of date of birth is received.

	b.  Unless under charges for a serious offense committed after attaining the age of 
17 years, male members may be discharged for minority at the option of the Secretary 
of the Army if the member is at least 17 but less than 18 years of age, enlisted without 
the consent of his parents or guardian, and no application has been received in 
accordance with b (1) above.  His commanding officer may recommend retention of the 
member to the Secretary of the Army.

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 DOB is incorrect as shown on his DD Form 214.  He lied to 
join the military because he wanted to serve and start to earn money.  His correct DOB 
is a date in September and not a date May.  This issue is causing him trouble with 
claiming benefits.

3.  He enlisted in the Regular Army (RA) on 21 October.  Block 21 (DOB) of his 
DD Form 4 (Enlisted Contract - Armed Forces of the U.S.) shows his DOB as a date in 
May 

4.  Block 6 (DOB) of his DA Form 20 (Enlisted Qualification Record), reviewed October, 
shows his DOB as a date in May 

5.  On 21 August 1972, he was honorably released from active duty and transferred to 
the U.S. Army Reserve.  Block 9 (DOB) of his DD Form 214 shows his DOB as a date in 
May 1952.

6.  His certificate of birth, issued September, shows his DOB as a date in September
.
BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.

2.  The Board noted the applicant admits he lied about his DOB to enlist, and 
throughout his service he used the DOB he states is incorrect.  The Board further noted 
that had his lie been discovered, his enlistment could have been voided and he would 
not have received any credit for his service.  The Board determined there is no error or 
injustice in the DOB recorded on the applicant's DD Form 214, as it accurately reflects 
the information available when the form was completed.


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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20200001983


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