IN THE CASE OF: BOARD DATE: 24 January 2023 DOCKET NUMBER: AR20220003440 APPLICANT REQUESTS: correction of his date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * birth certificate * marriage 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 would like to change his DOB on his DD Form 214 to reflect his actual DOB so his records will be correct. 3. An undated DD Form 398 (Statement of Personal History), completed by the applicant as a civilian, prior to his enlistment, shows he hand-wrote on the form his DOB as 4. The applicant’s DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he enlisted in the Regular Army on 7 March 1966. His DOB is listed on the form as 5. A DA Form 2962 (Security Termination Statement and Debriefing Certificate), dated 6 February 1968, shows the applicant’s DOB as 6. The applicant’s DA Form 20 (Enlisted Qualification Record), likewise shows his DOB as 7. On 6 March 1969, the applicant was honorably released from active duty after 3 years of net active service due to expiration term of service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 shows his DOB as 8. There are no documents in the applicant’s available service records reflecting his DOB as. He provided a copy of his birth certificate and marriage certificate, both of which reflect his DOB as BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The applicant's day of birth consistently appears as the day of the month throughout his entire record. The applicant has not provided any evidence showing he used the day of the month in his date of birth, during his military service. The Board has an interest in maintaining the accuracy of its records; for historical purposes, the data and information contained in those records should reflect the conditions and circumstances, as they existed at the time of the records' creation. ? 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 stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 9 (Date of Birth) state to enter the six-digit number: year, month, and day without spaces or slashes. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003440 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1