IN THE CASE OF: BOARD DATE: 20 January 2023 DOCKET NUMBER: AR20220006555 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 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 and 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 is requesting correction of his DOB and has attached his birth certificate as proof. His DOB is 3. The applicant’s service records contain an undated DD Form 398 (Statement of Personal History), completed by the applicant while he was a civilian, prior to induction, shows he handwrote his DOB on the form 4. A DA Form 47 (Record of Induction) shows the applicant was inducted in the Army of the United States on 16 April 1964. The form lists his DOB as. The applicant’s DA form 20 (Enlisted Qualification Record) lists his DOB as 5. The applicant was honorably released from active duty on 15 April 1965 due to expiration term of service and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 lists his DOB as 6. A Standard Form 89 (Report of Medical History), dated 17 March 1966, shows the applicant underwent medical examination on the date of the form for the purpose of USAR separation. The form lists his DOB as 7. There are no documents in the applicant’s available service records listing his DOB. He provided his birth certificate, which lists 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 year of birth consistently appears as throughout his entire record. The applicant has not provided any evidence showing he used the year during his military service. The Army 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 6 (Date of Birth) states self-explanatory. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006555 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1