IN THE CASE OF: 

		BOARD DATE:  2 February 2023

		DOCKET NUMBER: AR20220006998


APPLICANT REQUESTS:  correction to his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to reflect his date of birth as “20 November 
XXXX.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	County of Sonoma Certificate of Live Birth
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States 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, there was a mistake made on his DD Form 214.  His 
DOB is listed as “19 November XXXX;” however, it should reflect “20 November XXXX.”

3.  The applicant provides:

   a.	County of Sonoma Certificate of Live Birth shows his date of birth as  
“20 November XXXX.”

   b.	His DD Form 214, item 9 (Date of Birth), reflects as “19 November XXXX.”

4.  A review of the FSM’s service record shows:

   a.	He was inducted into the Army of the United States on 24 March 1970.
   
   b.	DD Form 398 (Statement of Personal History), item 5 (Date of Birth) reflects a 
handwritten “November 19, XXXX.”
   c.	DA Form 20 (Enlisted Qualification Record), item 6 (Date of Birth), reflects as  
“19 November XXXX.”  Item 47 (Signature of Individual) contains the applicant’s 
signature, which is required each time the form is audited.

   d.	DD Form 214 reflects the applicant was honorably transferred to the U.S. Army 
Reserve on 30 January 1972 under the provision of Army Regulation (AR) 635-200 
(Personnel Separations – Enlisted Personnel), chapter 5, separation program number 
(SPN) 411, overseas returnee.  Item 9 (Date of Birth) reflects “19 November XXXX.”  
Item 32 (Signature of Person Being Transferred or Discharged), contains the applicant’s 
signature.

5.  The date of birth that was recorded on the applicant's DD Form 398 reflects  
“19 November XXXX.”  The date of birth was used to identify the applicant throughout 
the entire period of his military service; it is consistently represented in the documents 
contained in his Military Personnel Records Jacket, including his DD Form 214.  He 
authenticated many documents by placing his full signature in the appropriate block 
attesting to the correctness of his date of birth.  The requested date of birth does not 
appear in his available military records.  

6.  AR 635-5 (Personnel Separations – Separation Documents) prescribes the 
separation documents which are prepared for individuals upon retirement, discharge, or 
release from active military service or control of the Army.  It establishes standardized 
policy for preparing and distributing DD Form 214.

7.  For historical purposes, 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. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted.  One potential outcome discussed was to grant relief based 
upon the provided birth certificate.  However, based upon the applicant using the 
contested DOB during his entire period of military service, the Board concluded there 
was insufficient evidence of an error or injustice warranting a change to the applicant’s 
DOB.





BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:xx	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	: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, USC, 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 Army Board for Correction of Military Records 
(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.  AR 635-5 (Personnel Separations – Separation Documents) prescribes the 
separation documents which are prepared for individuals upon retirement, discharge, or 
release from active military service or control of the Army.  Paragraph 2-2 states, 
personnel officers will use the DA Form 201 (Military Personnel Records Jacket, MPRJ), 
DA Form 2 and 2-1 (Personnel Qualification Records), Separation Orders, DD Form 4/4 
(Enlistment/Reenlistment Document – Armed Forces of the United States, DA Form 
3716 (Personnel Financial Record), Enlistment records and DD Forms 214 for prior 
service personnel, and any other available records when preparing DD Form 214WS 
(Worksheet).


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20220006998


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1