IN THE CASE OF: 

		BOARD DATE: 24 January 2023

		DOCKET NUMBER: AR20220007093


APPLICANT REQUESTS: the following corrections

*	DD Form 214 (Report of Separation from Active Duty) ending 18 February 1978, 
item 4 Date of Birth (DOB) to reflect the day as 
*	DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 20 
September 1997, item 5 (DOB) to reflect the day as 
*	NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) 
ending 1 December 1997, item 7 (DOB) to reflect the day as 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Birth Certificate
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	DD Form 214 (Report of Separation from Active Duty)

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 his DOB on his DD Form 214 is however he was born on 
according to his birth certificate.

3.  The applicant enlisted in the Virginia Army National Guard (VAARNG) on 
24 February 1977. His DOB on his DD Form 4 (Enlistment Contract – Armed Forces of 
the United States) shows in item 21 (DOB) 

4.  The applicant provided his DD Form 214 ending 18 February 1978 which shows his 
DOB as

5.  His records also contains a DD Form 214 ending 20 September 1997, which shows 
he was ordered to active duty in support of Operation Joint Endeavor on 5 February 
1997. He was honorably released from active duty on 20 September 1997. His 
DD Form 214 also shows in item 5 (YYYYMMDD):

6.  His NGB Form 22 shows he was honorably released from the VAARNG and 
transferred to the Retired Reserve on 1 December 1997. His NGB Form 22 also shows 
in item 7 (DOB): (YYMMDD) 

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 1 throughout his entire record. The 
applicant has not provided any evidence showing he used the requested DOB (day 2 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 (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. 
	a.  Item 4 (Date of birth). Enter date in the order shown. Using numerals, e.g., 38 for 
year, 01 for January, and 06 for day.

	b.  Item 5 enter six-digit number; year, month, and day without spaces or slashes 
(e.g., 690312 for March 12, 1969.)

	c.  Block 5: Date of Birth. Verify data accuracy by reviewing original enlistment 
contract and/or application for appointment.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220007093


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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