IN THE CASE OF: BOARD DATE: 12 October 2022 DOCKET NUMBER: AR20220003333 APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) item 5 (Date of Birth (DOB)) year be corrected from APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Certificate of Live Birth FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 year should be 3. The applicant’s Report of Medical Examination conducted on 23 April 1987, shows his DOB year as 4. The applicant enlisted in the Regular Army on 2 June 1987. Block 5 (DOB) shows his year as 1969. His enlistment packet also contained a state of restricted driver’s license showing his DOB year as . His Certificate of Live Birth shows his year of birth as 5. He was honorably discharged on 21 November 1992. His DD Form 214 shows in item 5 (DOB) 6. He reenlisted in the U.S. Army Reserve (USAR) on 22 November 1992. His DOB year shows as 7. He was honorably discharged from the USAR on 5 February 2002. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was 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 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. The Board determined the evidence presented does demonstrate the existence of a probable error or injustice. Upon review of the applicants petition and available military records the Board determined there is sufficient evidence identified on his DD Form 4/1-E (Enlistment /Reenlistment Documents Armed Forces of the United States), dated 22 November 1992 to support the correction of the applicant’s date of birth year. Therefore, relief was granted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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 Form 214 for the period ending 5 February 2002 by showing the birth date listed on his certificate of live birth. 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, United States 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 (AR) 635-5 (Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Item 5 enter six-digit number; year, month, and day without spaces or slashes (e.g., 690312 for March 12, 1969.) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003333 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1