IN THE CASE OF: BOARD DATE: 8 June 2022 DOCKET NUMBER: AR20210016077 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 October 1957 to show his date of birth (DOB) as shown on his birth certificate. 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) * County Health Department Birth Certification, issued * DD Form 214 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 incorrect as shown on his DD Form 214. 3. He was inducted into the Army of the United States on 24 October 1955. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 4. He was honorably released from active duty on 9 October 1957. Item 6 (DOB) of his DD Form 214 shows his DOB as. He signed and dated this form attesting to its accuracy. 5. A review of his Official Military Personnel File revealed that all applicable documents contain the DOB shown on his DD Form 47. 6. He provided his birth certification showing his DOB as. ? BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant’s military records, the Board found that partial 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 not demonstrate the existence of a probable error or injustice. The applicant used the contested date of birth (DOB) during his entire period of service. 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 Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 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 legal date of birth documented in his military records. 3. However, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 24 October 1955 to 9 October 1957. Based on this the Board determined partial relief was warranted for correction of the applicant’s record to show award of the Army Good Conduct Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 24 October 1955 to 9 October 1957 and adding the medal to his DD Form 214 for the period ending 9 October 1957. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his date of birth (DOB) as shown on his birth certificate. 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): N/A 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 635-5 (Administrative Separation Procedures and Forms), 12 June 1956, established uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from military service of commissioned officers, warrant officers, and enlisted personnel. It established standardized policy for preparation of the DD Form 214 to be used in obtaining the rights and benefits of the veteran at the time of separation. The specific instructions for item 6 stated to enter the DOB (self-explanatory). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016077 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1