IN THE CASE OF: 

		BOARD DATE: 8 February 2023

		DOCKET NUMBER: AR20220007223


APPLICANT REQUESTS:  correction to his DD Forms 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to reflect his correct date of birth (DOB) as  


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Department of Health Certification of Birth
*	Two (2) DD Forms 214 (Armed Forces of the United States Report of Transfer or 
Discharge)


FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States 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, in effect, the DOB of is incorrect and belongs to his brother.  
His correct DOB is .  He is 91 years old and would like for his DOB to be corrected 
before he dies.

3.  The applicant provides:

   a.	Department of Health Certification of Birth shows his date of birth as  

   b.	DD Form 214, covering the period of 12 September 1951 to 11 September 1953, 
item 10 (Date of Birth) reflects as 

   c.	DD Form 214, covering the period of 12 September 1954 to 12 September 1957, 
item 6 (Date of Birth) reflects as 

4.  A review of the applicant’s service record shows:

   a.	He was inducted into the Army of the United States on 12 September 1951. 

   b.	The applicant's complete military records, in its entirety, is not available to the 
Board for review.  A complete and thorough search for his military records was 
conducted; however, the record located was not in its entirety.  Therefore, this case is 
being considered based on the documents provided by the applicant.

   c.	DD Form 214 (Report of Separation from the Armed Forces of the United 
States), covering the period of 12 September 1951 to 11 September 1953, item 10 
(Date of Birth) reflects as  Item 48 (Signature of Person being Separated) contains the 
applicant’s signature.

   d.	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge), covering the period of 12 September 1954 to 11 September 1957, item 6 
(Date of Birth) reflects as Item 34 (Signature of Person being Separated) contains the 
applicant’s signature.

5.  The date of birth that was recorded on the applicant's two DD Forms 214 reflect  
The date of birth was used to identify the applicant throughout the entire period of his 
military service.  He authenticated both DD Forms 214 by placing his full signature in 
the appropriate block attesting to the correctness of his date of birth.  The requested 
date of birth does not appear in his available military records.  

6.  For historical purposes, the Army has an interest in maintaining the integrity of its 
records.  The data and information contained in those records should reflect the 
conditions and circumstances that existed at the time the records were created.  In the 
absence of a showing of material error or injustice, there is a reluctance to recommend 
that those records be changed. 


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
partial relief was warranted.  The Board carefully considered the applicant's record of 
service, documents submitted in support of the petition and executed a comprehensive 
and standard review based on law, policy and regulation.  The Board determined the 
evidence presented does not demonstrate the existence of a probable error or injustice.  
The applicant used the contested date of birth during his entire period of service.  The 
Board determined the overall merits of this case are insufficient as a basis for correction 
of the records of the individual concerned.  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.

2.  The applicant is advised that a copy of this decisional document, along with his 
application and the supporting evidence he provided, will be filed in his official military 
records.  This should serve to clarify any questions or confusion regarding the 
difference in the date of birth recorded in his military records and to satisfy his desire to 
have his legal date of birth documented in his military records.

3.  However, the Board determined based on the applicant’s service during Korean War, 
the applicant met the criteria for award of the Republic of Korea Korean War Service 
Medal (KWSM) and that his records did not reflect he was awarded the Army Good 
Conduct Medal (1st award) and his record shows he received "excellent" conduct and 
efficiency ratings throughout her service for the period of 12 September 1951 to 11 
September 1953. The Board noted there are additional corrections to the applicant’s 
record. The applicant’s DD Form 214 for the period ending 12 September 1957 should 
read in block 26 – Army Good Conduct Medal (2nd Award). Based on this the Board 
determined relief was warranted and granted relief for correction of the applicant’s 
record to show award of the Republic of Korea Korean War Service Medal and the 
Army Good Conduct Medal (1st Award)

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


?
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief. As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by awarding 
him the ROK- Korean War Service Medal and the Army Good Conduct Medal (1st 
Award) for exemplary service from 12 September 1951 to 11 September 1953 and 
adding the medal to his DD Form 214 for the period ending 11 September 1953. 

In addition amend the DD Form 214 for the period ending 12 September 1957 to read in 
block 26 (Decorations, Medal, Badges, Commendations, Citations and Ribbons 
awarded or Authorized) – Army Good Conduct Medal (2nd Award)

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief. As a result, the Board recommends denial of so much of 
the application that pertains to correction to his date of birth. 


	  
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:

Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220007223


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1