IN THE CASE OF:  BOARD DATE: 22 October 2021 DOCKET NUMBER: AR20210011528 


APPLICANT REQUESTS: correction of his: 

•DD Form 214 (Certificate of Discharge from Active Duty) for the period ending10 August 1984 to show his date of birth (DOB) as shown on his birth certificate

•Department of Veterans Affairs (VA) Veteran Identification Card to show his DOBas shown on his birth certificate



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

•DD Form 214

•State Department of Health and Environmental Control Division of Vital RecordsIdentification Card

•State Driver's License



FACTS: 







1.The applicant did not file within the 3-year time frame provided in Title 10,U.S. 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 DOB is wrong on his DD Form 214 and VA Veteran Identification Card. The DOB shown is not the correct DOB as shown on his birth certificate and driver's license.3.Correction of the applicant's VA Veteran Identification Card is not within the purview of the ABCMR. As a result, this portion of his request will not be discussed further in this record of proceedings.4.On 11 August 1981, the applicant enlisted in the Regular Army. Item 7 (DOB) of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his DOB as X December 19XX.


5.On 10 August 1984, he was honorably discharged. Item 5 (DOB) of his DD Form 214 shows his DOB as "XX120X [X December 19XX]."6.His driver's license and Division of Vital Records Identification Card show his DOB as XX December 19XX.

BOARD DISCUSSION: 



1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was not warranted.  The applicant’scontentions, the military record, and regulatory guidance were carefully considered.Evidence of record shows the applicant used the contested DOB during his entireperiod of service.  Therefore, based on a preponderance of evidence and finding noerror or injustice, the Board determined the overall merits of this case are insufficient asa basis for correction of the records of the individual concerned.2.The applicant is advised that a copy of this decisional document, along with hisapplication and the supporting evidence he provided, will be filed in his official militaryrecords.  This should serve to clarify any questions or confusion regarding thedifference in the DOB recorded in his military records and to satisfy his desire to havethe DOB on his birth certificate documented in his military records.

BOARD VOTE:

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX :XX :XX 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. 


P57#yIS1

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, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 15-185 (Army Board for Correction of Military Records) prescribesthe policies and procedures for correction of military records by the Secretary of theArmy acting through the ABCMR. The ABCMR's jurisdiction under Title 10, U.S. Code,section 1552, extends to any military record of the Department of the Army. TheABCMR may return an application without action if the Board does not have jurisdictionto grant the requested relief.

3.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed theseparation documents that must be prepared for Soldiers upon retirement, discharge, orrelease from active duty service or control of the Active Army. It establishedstandardized policy for preparing and distributing the DD Form 214.

a.The general instructions stated to ensure that all information entered on theDD Form 214 is accurate. Personnel officers will use the following source documents when preparing DD Forms 214 and other separation documents: 

•DA Form 201 (Military Personnel Records Jacket)

•DA Forms 2 and 2-1 (Personnel Qualification Records)


• separation orders 

• DD Forms 4 (Enlistment/Reenlistment Documents) 

• DA Form 3716 (Personnel Financial Record) 

• enlistment records and DD Forms 214 for prior service personnel 

• any other available records 


 
 b.  The specific instructions for item 5 stated to enter the date of birth using a six-digit number; year, month, and day written in that sequence without spaces or slashes (e.g., 420106 for 6 January 1942). 
 
//NOTHING FOLLOWS//