IN THE CASE OF: 

		BOARD DATE: 21 April 2023

		DOCKET NUMBER: AR20220009759


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his date of birth as in lieu of 

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

*	DD Form 149 (Application for Correction of Military Record)
*	birth certificate

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 date of birth is incorrect on this DD Form 214.  

3.  The applicant enlisted in the Regular Army on 28 May 1968. His DD Form 4 
(Enlistment Contract - Armed Forces of the United States) shows his date of birth as 
He completed a DD Form 398 (Statement of Person History) in conjunction with his 
induction and hand wrote his date of birth as. His fingerprint card also shows his date of 
birth as
4.  The following documents show the applicant’s date of birth as:

*	DA Form 20 (Enlisted Qualification Record)
*	DD Form 1584 (National Agency Check Request)
*	DA Form 428 (Application for Identification Card)
*	Four (4) DA Forms 2627-1 (Record of Proceedings Under Article 15, UCMJ)
*	DA Form 2627-2 (Record of Appellate or Other Supplementary Actions Under 
Article 15, UCMJ)
*	Enlisted Personal Data

5.  The applicant was honorably released from active duty on 4 June 1971.  His 
DD Form 214 shows his date of birth as.  

6.  The applicant enlisted in the Army National Guard of South Dakota and the Reserve 
of the United States Army for a period of 1 year on 1 October 1982. His DD Form 4 
shows his date of birth as. The corresponding DD Form 1966 (Application for Enlistment 
- Armed Forces of the United State) shows his date of birth as   Section V 
(Certifications) shows his data was verified by his recruiter via his birth certificate.  

7.  Two (2) additional DA Forms 428 show his date of birth as.  

8.  The applicant was honorably discharged from the Army National Guard of South 
Dakota on 31 March 1985. His NGB Form 22 (National Guard Bureau Report of 
Separation and Record of Service) show his date of birth as  

9.  The applicant provided a copy of his birth certificate showing his date of birth as This 
certificate also shows the spelling of his last name as 


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not 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. Therefore, relief was denied. 

2.  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.  In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed.

3. 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
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, USC, 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), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers at the time of 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. The 
general instructions stated all available records would be used as a basis for 
preparation of the DD Form 214. The instructions for completion of Item 6 (Date of Birth) 
state to enter the six-digit number: year, month, and day without spaces or slashes.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220009759


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1