IN THE CASE OF:

		BOARD DATE: 19 July 2023

		DOCKET NUMBER: AR20220012090


APPLICANT REQUESTS:  correction of his DD Form 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)
*	DD Form 214
*	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 he wants his DOB as reflected on his Army records to match his 
DOB on his birth certificate. The Army has his DOB as, but his birth certificate shows. In 
order to get his medical records from the hospital, the Department of Veterans Affairs 
(VA) need his DOB to match.

3.  The applicant was inducted into the Army of the United States on 5 April 1962. His 
DD Form 47 (Record of Induction) shows his DOB as.

4.  The following documents in the applicant’s service records reflect his DOB as 
:

*	DA Form 20 (Enlisted Qualification Record)
*	DA Form 41 (Record of Emergency Data), dated 3 April 1964

5.  The applicant was honorably released from active duty after 1 year, 11 months, and 
29 days on 3 April 1964, due to expiration of term of service and transferred to the U.S. 
Army Reserve (USAR) Control Group (Annual Training). His DOB is reflected on the 
form as.

6.  All documents in the applicant’s available service records reflect his DOB as 
. There are no documents in the applicant’s available service records reflecting his DOB 
as.

7.  The applicant provided a copy of his birth certificate, which reflects his DOB 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.

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. 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 to 
match his certificate of live birth.

?
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)	AR20220012090


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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