IN THE CASE OF: 

		BOARD DATE: 30 November 2022

		DOCKET NUMBER: AR20220002872


APPLICANT REQUESTS, via a Power of Attorney, his father’s DD Form 214 (Report of 
Separation from the Armed Forces of the United States) be corrected to show his date 
of birth (DOB) 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, ending on 29 July 
*	Birth Certificate, issued 
*	Power of Attorney, 22 May 

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 the DOB is incorrect. His father does not remember why it was 
written incorrectly. His father is years old and has applied for Department of Veterans 
Affairs benefits. He needs the DD Form 214 to be accurate. 

3.  The applicant's father’s complete military records are not available for review. An 
exhaustive search was conducted to locate his records buy they could not be found. 
However, there were sufficient documents provided by the applicant in a reconstructed 
record for the Board to conduct a fair and impartial review of this case.

4.  The applicant's father’s DD Form 214 shows: 

	a.  He entered active duty at At the time of separation, he held military occupational 
specialty 4405, Clerk Typist, and he was assigned to Headquarters Battery, I Crops 
Artillery, Korea. 

	b.  He completed 1 year, 11 months, and 1 day of total active service, of which 1 
year, 4 months, and 11 days was foreign service, likely in Korea. 

	c.  He was honorably released from active duty on 29 July  and transferred to the 
U.S. Army Reserve to complete his remaining service obligations. His DD Form 214 
shows his DOB 

5.  He provides a reissued Certificate of Birth, dated, that shows his DOB 

6.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty. It provides a brief, clear-cut record of all current 
active, prior active, and prior inactive duty service at the time of release from active 
duty, retirement, or discharge. The information entered thereon reflects the conditions 
as they existed at the time of separation.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 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 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. 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 
agreed based on the evidence provided relief was warranted to correct the 
administrative error of his date of birth year. 


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 the evidence presented is 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 amending his 
DD Form 214 for the period ending by showing the date of birth listed on his Birth 
Certificate issued 
	
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 Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers upon retirement, discharge, or 
release from active duty service or control of the Active Army. It established 
standardized policy for preparing and distributing the DD Form 214.  

	a.  The DD Form 214 is a summary of the Soldier's most recent period of continuous 
active duty.  It provides a brief, clear-cut record of all current active, prior active, and 
prior inactive duty service at the time of release from active duty, retirement, or 
discharge.  The information entered thereon reflects the conditions as they existed at 
the time of separation.

	b.  The general instructions stated all available records would be used as a basis for 
preparation of the DD Form 214.  The specific instructions for item 6 is to list the date of 
birth. 

3.  Army Regulation 15-185 (ABCMR) 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, which is that what the Army did was correct. The ABCMR is 
not an investigative body and decides cases based on the evidence that is presented in 
the military records provided and the independent evidence submitted with the 
application. The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220002872


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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