IN THE CASE OF: 

		BOARD DATE:  5 December 2022

		DOCKET NUMBER: AR20220005971


APPLICANT REQUESTS:  correction of his DD Forms 214 (Certificate of Release or 
Discharge from Active duty), dated 24 October 1978 and 26 December 2005 to show 
his date of birth (DOB) as instead of 

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

*	DD Form 149 (Application for Correction of Military Record), 21 March 2022
*	Birth Certificate, Department of Health, 

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 provides a copy of his Birth Certificate with his application and 
statement.

3.  The applicant states, in effect, his DOB is entered incorrectly in his records.

4.  A review of the applicant's service records shows:

   a. All of the documents contained in his official military personnel file, including the 
following, show his DOB as 

*	DD Form 214, dated 24 October 1978
*	NGB Form 22 (National Guard Bureau – Report of Separation and Record of 
Service), dated 5 November 1985
*	DD Form 1966 (Record of Military Processing – Armed Forces of the United 
States), dated 10 May 1966
*	DD Forms 4 (Enlistment/Reenlistment Document – Armed Forces of the 
United States), dated 14 May 1966 and 25 April 2005
*	DD Form 214, dated 26 December 2005
   b. The applicant's Birth Certificate, Commonwealth of PR, shows his DOB as 


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted. The applicant’s contentions, the military record, and regulatory 
guidance were carefully considered. The evidence presented does not demonstrate the 
existence of a probable error or injustice at the time of his military service. Therefore, 
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 applicant is advised that a copy of this decisional document will be filed in his 
official military personnel file. This should serve to clarify any questions or confusion 
about the difference in the date of birth in his military records and date of birth on his 
certificate of birth.

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 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that must be prepared for soldiers on retirement, discharge, 
release from active duty service, or control of the Active Army. It established 
standardized policy for preparing and distributing the DD Form 214. In block 5 (Date of 
Birth), from the ERB/ORB, enter the six-digit number; year, month, and day without 
spaces or slashes.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220005971


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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