IN THE CASE OF: BOARD DATE: 27 January 2023 DOCKET NUMBER: AR20220007021 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the year of his birth as APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending 31 October 1998 * Certificate of Live Birth * copies of his U.S. passport, driver's license, social security card, and Department of Veterans and Army retiree identification cards * Army retirement orders 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 the correct year of his birth is 1954. 3. The applicant enlisted in the Army National Guard on 21 October 1977. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows the year of his birth as 4. The applicant attended initial active duty for training from 1 January to 19 June 1978. His DD Form 214 for this period of active service shows the year of his birth as 5. The applicant enlisted in the Regular Army on 14 March 1979. His DD Form 4 shows the year of his birth as 6. The applicant continued his active service throughout series of reenlistments. His reenlistment documents all show the year of his birth as 7. The applicant's DA Form 2A (Personnel Qualification Record – Part I), prepared on 10 June 1998, shows the year of his birth as 8. The applicant was retired on 31 October 1998. His DD Form 214 shows the year of his birth as 9. A review of the applicant's available records show he listed the year of his birth as throughout his entire military career. 10. The documents provided by the applicant in support of his request all show the year of his birth as BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found the applicant’s year of birth was consistently recorded as through his military career. As such, his DD Form 214 accurately reflects the information that was available at the time the form was completed. The Board determined the year of birth on his DD Form 214 should not be changed. 3. The applicant is advised that a copy of these proceedings will be filed in his Official Military Personnel File, which will serve to explain the difference between the year of birth on his DD Form 214 and the year of birth on his birth certificate. 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 (Separations Documents), in effect at the time, 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 the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007021 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1