RECORD OF PROCEEDINGS 
IN THE CASE OF: 
BOARD DATE: 23 November 2021 
DOCKET NUMBER: AR20210014531 
APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 12 April 1954 to show his year of birth as shown on his birth certificate (19XX vice 19XX). 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. 
DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) 

. 
DD Form 214 

. 
U.S. Army Reserve (USAR) Personnel Center Orders P-04-301467, 7 April 1992 

. 
Summary of Retired Pay Computation, 11 May 1992 

. 
two Department of Veterans Affairs Letters, 15 March 2017 and 14 March 2018 

. 
State Vital Statistics Letter, 14 May 2018, with Delayed Certificate of Birth, 14 March 1942 

. 
Department of Motor Vehicles Transcript of Driver History, 19 November 2019 

. 
Standard Form 180 (Request Pertaining to Military Records), 20 November 2019 

. 
Senate Representative Request for Assistance, 20 November 2019 

. 
Army Review Boards Agency Letter, 13 December 2019 

. 
two Senate Representative Letters, 12 December 2019 and 27 August 2021 


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 he did not know the year of his birth was incorrect until he moved from the state of Virginia to Ohio and the Department of Motor Vehicles refused to accept his different year of birth. 

3. 
His Delayed Certificate of Birth, 14 March 1942, shows his year of birth as 19XX. The applicant signed this form on 29 January 1942. The form is stamped "VOID." 

4. 
His initial enlistment document and parental consent form are not in evidence for review. 

5. 
His DD Form 214 for the period ending 11 May 1950 shows he enlisted in the Regular Army on 10 August 1949. Item 10 (Date of Birth) shows his year of birth as 19XX. (Based on this date, he would have been 17 years and 8 months of age at the time of enlistment. Based on the birth date shown on his delayed birth certificate, his approximate age would have been 14 years and 8 months at the time of his enlistment.) 

6. 
He reenlisted on 12 May 1950. On 12 April 1954, he was honorably discharged. His DD Form 214 for this period shows in: 

• 
item 10 (Date of Birth) – XX November 19XX 

• 
item 19 (Date and Place of Entry into Active Service) – 12 May 1950, Fort Benning, GA 

• 
item 22 (Net Service Completed for Pay Purposes This Period) – 3 years, 11 months, and 1 day 

• 
item 23 (Other Service) – 9 months and 2 days 

• 
item 24 (Total Net Service Completed for Pay Purposes) – 4 years, 8 months, and 3 days 

• 
item 26 (Foreign and/or Sea Service) – 2 years, 7 months, and 16 days 

• 
item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – 

• 
Army Good Conduct Medal 

• 
Army of Occupation of Germany Medal 

• 
National Defense Service Medal 

• 
Korean Service Medal with five Bronze Stars 

• 
United Nations Service Medal 

• 
Republic of Korea Presidential Unit Citation 

• 
Combat Infantryman Badge 



• 
item 28 (Most Significant Duty Assignment) – Headquarters Company, 32d Infantry (Korea) 



7. 
His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows in: 

• 
item 7 (Date of Discharge) – 4 August 1959 

• 
item 10 (Date of Birth) – XX November 19XX 

• 
item 21 (Date and Place of Enlistment) – 5 August 1956, Alexandria, VA 

• 
item 33 (Signature of Person Being Discharged) – his signature 



8. 
His DA Form 20 (Enlisted Qualification Record) shows in: 

• 
item 6 (Date of Birth) – XX November 19XX 

• 
item 32 (Civilian Education) – he completed high school in 1949 

• 
item 42 (Signature of Individual) – in signed the form on 6 April 1975 



9. 
His National Guard Bureau Form 22 for the period ending 30 May 1978 shows in: 

• 
item 4 (Date of Birth) – XX November 19XX 

• 
item 8b (Authority and Reason) – In order to become a member of the Retired Reserve 




10. 
USAR Personnel Center Orders P-04-301467, 7 April 1992, placed him on the Retired List effective 20 November 1991, having attained the age of 60. 

11. 
His Summary of Retired Pay Computation, 11 May 1992, shows his date of retirement as XX November 1991 and service for basic pay as 40 years, 1 month, and 14 days. 

12. 
His DA Forms 4240 (Data for Payment of Retired Army Personnel), 16 February 1992 and 22 June 1992, show he requested retired pay. Item 4 (Date of Birth) shows his year of birth as 19XX. Part IV (Certification) shows he certified that all statements are made with full knowledge of penalty for making a false statement. 

13. 
A review of his service record shows the date of birth of XX November 19XX was used during his active duty service and Army National Guard service. He acknowledged his year of birth with his signature on numerous forms. 

14. 
The two Department of Veterans Affairs letters, 15 March 2017 and 14 March 2018, summarize the benefits he is receiving from the VA. His service dates are shown as 10 August 1949 to 12 April 1954. 

15. 
The State Vital Statistics letter, 14 May 2018, certified the applicant's Delayed Certificate of Birth is a true and accurate reproduction of an official record of the facts abstracted from an official record on file with Vital Statistics. 

16. 
The Department of Motor Vehicles Transcript of Driver History, 19 November 2019, shows his year of birth as 19XX. 


BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board considered the applicant’s statement, his record of service, documents containing the contested date of birth that include his signature, documents that reflect his age at enlistment and the documents he provided to the Board. The Board members found insufficient evidence to show that the date of birth he used during his entire period of service was not representative of the circumstances as they existed at the time of his service. Based on a preponderance of evidence, the Board determined that the birthdate in the applicant’s records was not in error or unjust. 
BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING 
XX: XX: XX: 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. 
The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion about the difference in the date of birth recorded in his military records and the date of birth on his birth certificate. 



X 
CHAIRPERSON 
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. 
ADMINISTRATIVE NOTE(S): By law, the applicant was not eligible to enlist without parental consent before age 18. The earliest age at which he could enlist with parental consent was 17. 
REFERENCES: 
1. 
Title 10, U.S. 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

3. 
Special Regulation 615-360-1 (Enlisted Personnel – Discharge General Provisions), 24 June 1953, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. Item-by-item instructions for entries on the DD Form 214. The instructions for item 10 (Date of Birth) stated "self-explanatory." 

4. 
Title 10, U.S. Code, section 12731 (Age and Service Requirements) states a person is entitled, upon application, to retired pay computed if the person has attained the eligibility age of 60 years old. 

5. 
 Article 104a (Fraudulent Enlistment, Appointment, or Separation) of the Uniform Code of Military Justice specifies that a service member may be subject to prosecution if he procures his own enlistment or appointment in the Armed Forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or procures his own separation from the Armed Forces by knowingly false representation or deliberate concealment as to his eligibility for that separation; shall be punished as a court-martial may direct. Service members convicted of an Article 104a violation face a maximum punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. 


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