IN THE CASE OF: BOARD DATE: 18 June 2021 DOCKET NUMBER: AR20210007430 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth as APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * driver’s 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 his DD Form 214 has an incorrect birth date of. He was born on and it should indicate this instead. He needs the corrected copies so he can apply and buy back retirement pension time with the city of 3. The applicant enlisted in the United States Army Reserve on 3 November 1976 for a period of 6 years in the delayed entry program (DEP). He was discharged from the DEP enlisting in the Regular Army for a period of 3 years on 17 November 1976. The applicant’s DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows his date of birth as 4. The applicant’s DD Form 1966 (Application for Enlistment – Armed Forces of the United States) shows in item 11 (Date of Birth), In Section VI (Parental/Guardian Consent for Enlistment), item 47, shows the applicant’s date of birth as in hand written script. 5. A DA Form 873 (Certificate of Clearance and/or Security Determination) dated 7 June 1979 shows the applicant’s date of birth as 6. A Standard Form (SF) 88 (Report of Medical Examination) dated 12 September 1979 shows the applicant’s date of birth as 7. The applicant was honorably discharge on 13 November 1979. His DD Form 214 shows his date of birth as 8. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. 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. Evidence of records shows the applicant used the DOB he contends is correct, at different times during his period of service. The Board agreed there is sufficient evidence to grant relief. 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 13 November 1979 by showing the birth date listed on his driver’s license. 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 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separations from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief (ERB), Officer Record Brief (ORB), enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. (1) Paragraph 2-2 (Source documents) states DA Form 20 (Enlisted Qualification Record) and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing DD Form 214WS (Worksheet). However, in preparing DD Form 214WS, personnel officers should review all available documents such as the MPRJ (Military Personnel Records Jacket), DA Form 2143 (Military Personnel Financial Data Records, US Army) DA Form 3716 (Personal Financial Record), reassignment orders, enlistment or induction records, and any DD Forms 214 for prior service. (2) Paragraph 2-8 states for item 5 (Date of Birth), enter date using six–digit number in this item; year, month, and day written in that sequence without spaces or slashes, e.g.,420106 for 6 Jan 42. b. On direction of the Army Board for Correction of Military Records or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army, Army Review Boards Agency, is authorized to issue or reissue a DD Form 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007430 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1