IN THE CASE OF: BOARD DATE: 22 February 2023 DOCKET NUMBER: AR20220007361 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 March 1980 and all databases to show his birthdate as shown on his social security profile. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * two DD Forms 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Social Security Printout, 18 February 2022 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 birthdate shown on his DD Form 214 is incorrect. He wants his DD Form 214 corrected, as well as all databases, to accurately document his military career. The Social Security Administration, his medical records, and the Department of Veterans Affairs show his correct date of birth. 3. On 29 March 1977, he enlisted in the Regular Army. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) reflects a birthdate in 4. On 28 March 1980, he was honorably discharged. His DD Form 214 reflects the same birthdate shown on his DD Form 4. 5. His social security printout, 18 February 2022, reflects a birthdate in 6. He did not provide a copy of his birth certificate. ? BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not 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 social security number (SSN) 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. Based on this the Board determined relief was not warranted and denied relief. 2. 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. 3. 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 SSN recorded in his military records and to satisfy his desire to have his SSN documented in his military records. 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), 15 August 1979, 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. It established standardized policy for preparing and distributing the DD Form 214. a. The general instructions stated to ensure that all information entered on the DD Form 214 is accurate. Personnel officers will use the following source documents when preparing DD Forms 214 and other separation documents: * DA Form 201 (Military Personnel Records Jacket) * DA Forms 2 and 2-1 (Personnel Qualification Records) * separation orders * DD Forms 4 (Enlistment/Reenlistment Documents) * DA Form 3716 (Personnel Financial Record) * enlistment records and DD Forms 214 for prior service personnel * any other available records b. The specific instructions for item 5 (Date of Birth) stated to enter the date using a six-digit number: year, month, and day, written in that sequence without spaces or slashes (e.g., 420106 for 6 January 1942). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007361 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1