IN THE CASE OF: BOARD DATE: 25 August 2022 DOCKET NUMBER: AR20220001140 APPLICANT REQUESTS: correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 1 July 1964 and 6 May 1967 to show his date of birth (DOB) as shown on his birth certificate. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * State Certification of Birth, filed 27 February 1946 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 correct birth year is. He states: "The recruiter changed the [birth] year so I would be allowed to enlist from so that I would be old enough." The wrong birth year is causing problems with the Department of Veterans Affairs and other providers. 3. The DD Form 373 (Consent, Declaration of Parent of Legal Guardian), 21 November 1962, shows his mother consented to his enlistment in the Army with her signature and witnessed by the recruiter on the same date. This form listed his birth year as . The form shows she certified to the correctness of his DOB with the following statement, "I/WE CERTIFY THAT THE APPLICANT'S BIRTH DATE AS SHOWN ON THIS FORM IS CORRECT." 4. He enlisted in the Regular Army on 26 November 1962 for a period of 3 years. Item 15 (DOB) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his birth year as , thereby making his age at enlistment 17 years and 9 months. 5. Item 6 (DOB) of his DA Form 20 (Enlisted Qualification Record) shows his birth year as 6. He was honorably discharged on 1 July 1964 for immediate reenlistment. Item 6 (DOB) of his DD Form 214 shows his birth year as. He completed 1 year, 7 months, and 5 days of total active service during this period. He signed and dated this form attesting to its accuracy. 7. He reenlisted on 2 July 1964. Item 15 (DOB) of his DD Form 4 shows his birth year as thereby making his age at reenlistment 19 years and 4 months. 8. He was honorably released from active duty on 30 November 1967. Item 9 (DOB) of his DD Form 214 shows his birth year as . He signed and dated this form attesting to its accuracy. 9. A review of his Official Military Personnel File revealed that all applicable documents record his birth year as . 10. He provided his birth certificate showing his birth year as . (Note: The birth year shown on his birth certificate would have made him 16 years and 9 months of age at the time of his initial enlistment on 26 November 1962 and would have made him ineligible to enlist in the Regular Army by law.) BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, a majority of the Board found relief is warranted. 2. A majority of the Board found one mitigating circumstance that warrants relief in this case. The evidence shows the applicant’s mother was party to the alteration of his DOB to make him eligible to enlist. A majority of the Board found the enlistment (notably only 3 months before he reached age 17 years) could not have occurred without her consent and she thereby bears the bulk of the responsibility for the presence of the incorrect DOB in his record. A majority of the Board determined the applicant’s DD Forms 214 should be corrected to show the DOB on his birth certificate. 3. The member in the minority noted that the applicant’s correct DOB was never recorded in his service record and found insufficient evidence of mitigating circumstances that would be a basis for changing an entry on his DD Forms 214 that accurately reflected the information available at the time the forms were completed. The member in the minority determined relief is not warranted in this case. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Forms 214 to show the date of birth shown on his birth certificate. 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. Title 10, U.S. Code, section 505 (Regular Components: Qualifications, Term, Grade), states the Secretary concerned may accept original enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, of qualified, effective, and able-bodied persons who are not less than 17 years of age in the case of male persons and not less than 18 years of age in the case of female persons, nor more than 35 years of age. However, no male person under 18 years of age, or female person under 21 years of age, may be originally enlisted without the written consent of his parent or guardian, if he has a parent or guardian entitled to his custody and control. 3. Army Regulation 601-210 (Personnel Procurement – Qualifications and Procedures for Processing Applicants for Enlistment and Reenlistment in the Regular Army), 12 April 1956, established the qualifications for enlistment and reenlistment of men and women in the Regular Army and prescribed procedures by which applicants are processed and enlisted, reenlisted, or rejected at recruiting stations, recruiting main stations, Army installations, and oversea commands. These procedures are designed to simplify and standardize the processing of personnel to determine eligibility for enlistment, reenlistment, and extension of enlistment. Enlistments and reenlistments will be accomplished in numbers authorized on a monthly basis by the Secretary of the Army. Section II (Qualifications for Enlistment and Reenlistment) prescribed the eligibility requirements for enlistment and reenlistment as follows: a. Age Requirements. The age requirements for enlistment and reenlistment for men was 17 to 34 years, inclusive, except as provided in c, d, and e below (relates to maximum age). b. Verification of Age. The recruiting officer will verify the age of every man applying for enlistment from civilian life who states he is under 21 years of age, or who claims a greater age but whose personal appearance indicates he may be under 21, and of all women applying for enlistment from civilian life. The recruiting officer will require the applicant to present a birth certificate or a statement from the State Registrar of Vital Statistics, or other similar State official (DD Form 372, Application for Verification of Birth for Official U.S. Armed Forces use only). When the age of an applicant cannot be verified by a birth. certificate and the State Registrar of Vital Statistics or other similar State, municipal, or Government official states that there is "no record" of the birth of the individual, the recruiting officer will obtain one of the following types of substantiating data regarding age in the following sequence: (1) baptismal record or certified copy or (2) sworn statement. One or both parents, or legal guardian, supported by: (a) a notarized copy of the school record from the first school attended, showing date of birth or age at attendance, or (b) a certificate from the physician in attendance at birth. (All documents submitted by applicants should be originals; if copies are submitted, they will be notarized.) c. Parental Consent. Every man who is 17 years of age but has not reached his 18th birthday, and every woman who is 18 years of age but has not reached her 21st birthday, will be required to furnish written consent of parents or guardian. A DD Form 373 (Consent, Declaration of Parent or Legal Guardian) will be used for this purpose and is required for enlistment, reenlistment, and extension of enlistment. If applicant has neither parents nor guardian, a statement to that effect will be included under the "Remarks" section of the enlistment record. The consent declaration (DD Form 373) will be prepared in duplicate and will: (1) be signed by both parents, but the consent of one parent may be accepted if the other is absent for an extended period of time. (If the DD Form 373 is signed by one parent only, an explanation will be made under remarks section of this form, indicating reason or reasons why both parents did not sign). Enlistment, reenlistment, or extension of enlistment is not authorized if either parent objects; (2) contain the following statement under "Remarks": "The parents and/or guardian have been advised and understand that the enlistee can be assigned to any area or station of service, in the United States or overseas, or any type of duty, authorized by current law and regulations, immediately upon completion of required period of basic training"; (3) be notarized or the signing of the consent declaration by the person authorized to sign will be witnessed by a commissioned, warrant, or noncommissioned recruiting officer; and (4) be signed in duplicate and fastened securely to the original and duplicate copy of the enlistment record. 4. Army Regulation 635-5 (Separation Documents), 13 August 1963, prescribed the separation documents prepared that will be furnished each individual who is separated from the Army, including active duty for training personnel, and established standardized procedures for preparation and distribution of these documents. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. The general instructions stated all available records will be used as a basis for preparation of the DD Form 214, including the DA Form 24 (Service Record), DA Form 20, and orders. b. The detailed instructions for item 6 (DOB) stated this entry was self-explanatory. 5. Army Regulation 635-5, 23 January 1967, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. The general instructions stated all available records will be used as a basis for preparation of the DD Form 214, including the DA Form 20 and orders. b. The detailed instructions for item 9 (DOB) stated this entry was self-explanatory. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001140 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1