IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20210011893 APPLICANT REQUESTS: Correction of his records to show his date of birth (DOB) as APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * copy of his driver license FACTS: 1. The applicant did not file within the three-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, in effect, his records show the incorrect DOB due to his mistake. 3. The applicant enlisted in the Regular Army on 4 May 1951. His DD Form 4 (Enlistment Record – United States Army) shows the DOB he claims is incorrect. 4. The applicant continued his service in the Regular Army throughout a series of reenlistments and extensions until he was retired on 31 May 1981. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1981 shows the DOB he claims is incorrect. 5. A review of the applicant's Official Military Personnel File revealed he listed his DOB as throughout his entire military career. 6. The applicant provided a copy of his driver license showing the DOB he claims is correct. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered the applicant's contentions, military record, and regulatory guidance. The Army has an interest in preserving the integrity of the record and, this case, the documentation available for review, consistently reflects the contested date of birth and is void evidence of the requested date of birth. Based on the preponderance of the evidence, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 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: 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. 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 of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's retirement, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011893 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1