IN THE CASE OF: 

		BOARD DATE: 17 May 2023

		DOCKET NUMBER: AR20220011374


APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from 
the Armed Forces of the United States) for the period ending 27 March 1956 to show 
his date of birth (DOB) as shown on his birth certificate.

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

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Certificate of Birth, 
*	DD Form 214

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's complete military records are not available for review. A fire 
destroyed approximately 18 million service members' records at the National Personnel 
Records Center in 1973. It is believed the applicant's records were lost or destroyed in 
that fire. His reconstructed records contain only Headquarters, 7502d Army Unit 
Personnel Center, Fort Buchanan, Puerto Rico, Special Orders Number 60, 28 March 
1956. This case is being considered based on these orders and the DD Form 214 he 
provided.

3.  The applicant states his DOB is incorrect as shown on his DD Form 214. This error 
was not noticed until he applied for Department of Veterans Affairs benefits.

4.  He enlisted in the Regular Army on 29 November 1954.

5.  He was honorably released from active duty on 27 March 1956. Item 10 (DOB) of his 
DD Form 214 shows his DOB as .

6.  Headquarters, 7502d Army Unit Personnel Center, Fort Buchanan, Puerto Rico, 
Special Orders Number 60, 28 March 1956, released him from assignment on 27 March 
1956 and transferred him to the U.S. Army Reserve Control Group (Reinforcement) 
effective 28 March 1956. These orders show his DOB as .

7.  He provided his birth certificate showing his DOB as .


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the applicant's military records, 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 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 match 
his legal date of birth documented in his military records.

3.  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.

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 15-185 (Army Board for Correction of Military Records) 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. The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

3.  Special Regulation 615-260-1 (Enlisted Personnel), 20 June 1950, provided an 
outline of procedures to be followed in effecting the discharge of enlisted personnel for 
any cause (except disability) in any type of organization or separation activity and 
described the proper method of executing and disposing of the various forms, records, 
and reports required. It established standardized policy for preparation of the 
DD Form 214 to be used in obtaining the rights and benefits of the veteran at the time of 
separation. The specific instructions noted form items that are self-explanatory were 
omitted from the description (e.g., item 10 (DOB)).

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220011374


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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