IN THE CASE OF: BOARD DATE: 24 May 2023 DOCKET NUMBER: AR20220010679 APPLICANT REQUESTS: in effect, correction of his multiple DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his date of birth (DOB) 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 DOB needs to be changed from. It is incorrectly listed on his entry documents as. He attempted to get the change made at the Department of Veterans Affairs (VA) and the VA Medical Center, but was unable to do so. He provided a copy of his birth certificate showing his proper DOB. 3. A DD Form 4 (Enlistment Record – Armed Forces of the United States) shows following: * the applicant initially enlisted in the Reserve of the Army on 10 May 1956 * item 15 (Date of Birth) shows his DOB as [which would have put his age at 17 years old on the date of enlistment] * item 37 (Remarks) shows he was deferred from active duty until [at which point he would turn 18 years old based on a DOB] * of note, a DOB of, would have put his age at 15 years old on the date of enlistment, an age not legally eligible for enlistment 4. A Standard Form 88 (Report of Medical Examination), dated, shows the applicant underwent medical examination for the purpose of enlistment. Item 12 (Date of Birth) shows his DOB as 5. The applicant’s first DD Form 214 shows the following: * he was inducted on 10 May 19 * he entered active duty on 20 July 19 * he was honorably released from active duty for training on 15 December 1958 and transferred to the U.S. Army Corps (Reserve) * item 6 shows his DOB as 6. The applicant underwent medical examination on 7 November 1961 for the purpose of Induction into the Army of the United States. Both his Standard Form 89 (Report of Medical History) and Standard Form 88, likewise dated 7 November 1961, reflect in item 12 (Date of Birth) his DOB as 7. A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States on. Item 5 (Date of Birth) shows his DOB as . 8. The applicant’s second DD Form 214 shows the following: * he was inducted on 8 November 1961 * he was honorably discharged on 17 December 1971 * item 6 shows his DOB as 9. A second DD Form 4 shows the applicant was honorably discharged from the Army of the United States on 17 December 1961 and immediately reenlisted into the Regular Army on 18 December 1961. Item 15 shows his DOB as 10. The applicant’s third and final DD Form 214 shows the following: * he entered active duty this period on 18 December 1961 * he was honorably discharged on 4 November 1963 * he was credited with 1 year, 10 months, and 15 days net active duty this period; 2 years, 4 months, and 21 days of total active service; and 5 years, 7 months, and 8 days of other service * item 6 shows his DOB as 11. The applicant’s service records contain three DA Forms 20 (Enlisted Qualification Record) covering his different period of service. All three forms show his DOB in item 3 (Date of Birth) as. 12. All documents in the applicant’s available service records reflect his DOB as Xhere are no available service records reflecting his DOB as 13. The applicant provided a copy of his birth certificate, which reflects his D 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. 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, 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), 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 and established standardized policy for preparing and distributing the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The general instructions state all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 6 (Date of Birth) state self-explanatory. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010679 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1