IN THE CASE OF: BOARD DATE: 3 August 2022 DOCKET NUMBER: AR20210013766 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his year of birth. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Selective Service Registration Card 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 date of birth is incorrectly listed on his DD Form 214. It shows he was born on. It should be. He provides his Selective Service Registration Card which shows his year of birth as. 3. Review of the applicant’s service records shows: a. He enlisted in the Florida Army National Guard (FLARNG) on or about 1 April 1969. His ARNG Enlistment Contract is not available for review. b. He entered active duty for training (ACDUTRA) on 7 July 1969 at Fort Jackson, SC. He then underwent an induction/enlistment physical examination on 11 July 1969. His Report of Medical History listed his date of birth as. c. His Dental Record listed his year of birth as 1950. d. He underwent a separation physical on 24 October 1969. His Report of Medical History also listed his year of birth as 1950. e. Following completion of training, he was honorably released from ACDUTRA to the control of the FLARNG. His DD Form 214 listed his date of birth in Block 9 (Date of Birth). f. Between 30 November 1971 and 11 October 1973, he served with the WAARNG. g. He again enlisted in the FLARNG on 12 October 1973, and he was separated from the FLARNG on 31 March1975. His NGB Form 22 (Report of Separation and Record of Service) also listed his year of birth as 1950. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The Board determined the evidence presented does demonstrate the existence of a probable error or injustice. Evidence in the record show the applicant’s selective service card and number match his DD Form 214 and has desired YOB. The Board determined the overall merits of this case are sufficient as a basis for correction of the records of the individual concerned. The Board recommended the applicant seek assistance through the social security administration office for correction of his date of birth and they will be able to merge them as well and notify the department of veteran affairs of the correction. Based on this the Board determined relief was warranted. 2. 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. 3. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have his SSN documented in his military records. 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 that the evidence presented was 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 showing the applicant’s date of birth as shown on his Selective Service Registration Card. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added). The information entered thereon reflects the conditions as they existed at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013766 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1