IN THE CASE OF: BOARD DATE: 4 August 2021 DOCKET NUMBER: AR20200009541 APPLICANT REQUESTS: his date of birth (DOB) be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Veteran Service Officer (VSO) Letter dated 28 August 2020 * State of Certificate of Live Birth dated 24 December 1976 * DD Form 214 effective 26 November 2007 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 he is requesting his birth date on his DD Form 214 be corrected to reflect the date as shown on his birth certificate. He was issued a DD Form 214 at discharge which was incorrect. He is requesting the date of birth be corrected and he be issued a DD Form 215 (Correction to DD Form 214) for submission to the Department of Veterans Affairs (VA) for benefits. 3. The applicant provides: a. A letter from the VSO, dated 28 August 2020, states he was assisting the Veteran with correction of his DD Form 214. b. A State of, Certificate of Live Birth, shows the applicant was born in 1976. c. A DD Form 214 for his active service from 22 May 2006 to 26 November 2007. 4. A review of the applicant’s service record shows: a. He enlisted in the California Army National Guard (CAARNG) on 25 October 1995. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows in Item A (Identification Data), Block 7 (Date of Birth) the same date as reflected on his birth certificate with the correct year,. b. His Personnel Qualification Record shows a date different from that reflected on his birth certificate, the year. c. Orders 213-11, dated 25 October 1995, ordered the applicant to Initial Active Duty for Training (IADT) with a report date of 9 January 1996. d. Orders 136-85, dated 15 May 1996, released the applicant from active duty for training with an effective date of 17 May 1996. e. He was honorably released from active duty (REFRAD) on 17 May 1996. His DD Form 214 shows he completed 4 months and 9 days of active service. Block 5 (Date of Birth) shows the same date as reflected on his birth certificate, the correct year of 1976. f. He honorably served two additional periods of active duty. Block 5 (Date of Birth) on both DD Forms 214 show a date different from that reflected on his birth certificate, the incorrect year of. His service periods: * 8 September 2004 to 4 September 2005 (11 months and 27 days) – REFRAD * 22 August 2006 to 26 November 2007 (1 year, 3 months, and 5 days) – Completion of Required Active Service 5. By regulation, 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. For Block 5 (DATE OF BIRTH), from the Enlisted Record Brief (ERB)/Officer Record Brief (ORB), enter the six-digit number; year, month, and day without spaces or slashes. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. The Board determined the evidence presented does demonstrate the existence of a probable error or injustice. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. However, the Board determined the overall merits of this case are sufficient as a basis for correction of the records of the individual concerned. Therefore, relief was granted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X 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 November 2007 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) states 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. For Block 5 (DATE OF BIRTH), from the ERB/Officer Record Brief (ORB), enter the six-digit number; year, month, and day without spaces or slashes. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009541 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1