IN THE CASE OF:  

		BOARD DATE:  21 September 2021

		DOCKET NUMBER:  AR20200009390


APPLICANT REQUESTS:  correction of his date of birth on his DD Form 214 (Report of 
Separation from the Armed Forces of the United States)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

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

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, 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 the wrong date of birth was placed on his DD Form 214. The 
date shows x Xxxx 19XX and it should read x Xxxx 19xx. 

3.  The applicant provides:
 
a.	Certificate of Birth, which shows his date of birth as x Xxxx 19xx.

b.	A copy of his Driver’s License, which shows his date of birth as x Xxxx 19xx.

4.  A review of the applicant’s available service record contained a DD Form 214 
which shows he entered active duty on 7 November 1950.

5.  He was honorably discharged on 26 August 1953. Item 4 of his DD Form 214 shows 
his date of birth as x Xxxx 19XX.

6.  The DD Form 214 is a summary of the Soldier's most recent period of continuous 
active duty.  It provides a brief, clear-cut record of all current active, prior active, and 
prior inactive duty service at the time of release from active duty, retirement, or 
discharge.  The information entered thereon reflects the conditions as they existed at 
the time of separation.


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
Board agreed the DOB shown on the applicant’s DD Form 214 was placed there 
erroneously, and there is sufficient evidence to grant relief. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XXX	:XX	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 amending his DD Form 
214 for the period ending 26 August 1953 by showing the birth date listed on his birth 
certificate.


		  
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, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the Army Board for 
Correction of Military Records (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 upon 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 would be used as a basis for preparation of the 
DD Form 214.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200009390


3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1