IN THE CASE OF: 

		BOARD DATE:  3 November 2022

		DOCKET NUMBER: AR20220004443


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) for the period ending 6 August 1969 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)
*	DD Form 214
*	Certificate of Live Birth, certified 20 August 1965

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 birthdate (day and month) shown on his DD Form 214 does 
not match his birth certificate.

3.  His birth certificate, certified 20 August 1965, shows his day and month of birth as 
22 December.

4.  Item 5 (DOB) of his DD Form 398 (Statement of Personal History), 6 April 1969, 
shows he recorded his day and month of birth as 16 September.

5.  He was inducted into the Army of the United States on 7 April 1969. Item 5 (DOB) of 
his DD Form 47 (Record of Induction) shows his day and month of birth as 
16 September.

6.  He was medically discharged on 6 August 1969. Item 9 (DOB) of his DD Form 214 
shows his day and month of birth as 16 September.

7.  A review of his Official Military Personnel File revealed that all applicable documents 
contain the DOB shown on his DD Form 398, DD Form 47, and DD Form 214.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted. The applicant's contentions, his military records, and 
regulatory guidance were carefully considered.  Based upon the applicant using the 
contested DOB during his entire military service and without proper justification provided 
by the applicant for the error in the original documents, the Board concluded there was 
insufficient evidence of an error or injustice warranting a correction to the applicant s 
DOB.

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:

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 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), 23 January 1967, 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 
preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most 
recent period of continuous active duty. It provides a brief, clear-cut record of active 
Army service at the time of release from active duty, retirement, or discharge.

	a.  The general instructions stated all available records will be used as a basis for 
preparation of the DD Form 214, including the DA Form 20 (Enlisted Qualification 
Record) and orders.

	b.  The detailed instructions for item 9 stated this item is self-explanatory.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220004443


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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