IN THE CASE OF: BOARD DATE: 16 November 2021 DOCKET NUMBER: AR20210012066 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 * Birth Certificate * Driver's License * Social Security Card FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), 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 date of birth is incorrect [based off] his birth certificate. His correct date of birth is 3. The applicant enlisted in the United States Army Reserve on 29 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 1 February 1977. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows his date of birth as . His DD Form 1966 (Application for Enlistment – Armed Forces of the United States) also shows his date of birth as 4. The applicant’s DA Form 2-1 (Personnel Qualification Record – Part 1), prepared on 25 August 1979, shows his date of birth as 5. The applicant was honorably relieved from active duty on 14 January 1980 and transferred to the inactive reserve. His DD Form 214 shows his date of birth as . He was honorably discharged from the inactive reserve on 28 November 1982. 6. The applicant provides copies of his birth certificate and state issued driver’s license which show his date of birth as. He also provided a copy of his social security card. 7. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Board members noted that all documents in his service record reflect the DOB as the 6th day of the month. His service record doe sot show he used the 15th day of the month anywhere or any time, during his military service. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/ circumstances that existed at the time the records were created and under which the military service was performed. Absent convincing, independent, and verifiable evidence to the contrary, Board members noted that his military service records including the DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing his DOB. 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: 1. 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. 2. Nevertheless, a copy of this decisional document along with the application and documents the applicant provided will be filed in his service record in order to provide clarity and deal with any confusion that may arise regarding the different dates of birth r Filing the Board's decisional document in his record will also guarantee the historical integrity of the applicant's military record. 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) AR20210012066 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1