IN THE CASE OF: BOARD DATE: 20 January 2023 DOCKET NUMBER: AR20220007552 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 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 * birth certificate * driver’s license * Social Security card 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’s complete military service record is not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973 and his records were among those affected by the fire. His case is being considered using the available evidence. 3. The applicant states his DOB is 16 June 19X4 and he is requesting correction to his DD Form 214 to reflect this. This incorrect DOB is causing him hardship with the Department of Veterans Affairs (VA) as well as private healthcare. 4. A Standard Form 89 (Report of Medical History) shows the applicant underwent a pre-induction medical examination on what appears to be 10 June 1954. The applicant hand wrote his DOB on the form as 5. A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States on 8 August 1954. The form reflects his DOB as 6. The following documents in the applicant’s service records all reflect his DOB as * Standard Form 88 (Report of Medical Examination), dated 8 June 1956 * DA Form 20 (Enlisted Qualification Record) 7. After 2 years of net active service, the applicant was honorably released from active duty due to expiration term of service and transferred to the U.S. Army Reserve (USAR). His DD Form 214 shows his DOB as 8. There are no documents in the applicant’s available service records reflecting his DOB as 9. The applicant provided a copy of his birth certificate, which is partially illegible at the Date of Birth item. It appears to reflect his DOB as 10. The applicant also provided a copy of his driver’s license which clearly shows 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 the contested DOB throughout his entire record. The applicant has not provided any evidence showing he used the requested DOB 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. Special Regulation 615-360-1 (Separation of Enlisted Personnel), in effect at the time, establishes the procedures to be followed in the separation of enlisted personnel from active military service and describes the proper method of execution and disposition of the various forms, records and reports required, to include the DD Form 214 (Report of Separation from the Armed Forces of the United States). a. The instructions for preparation of the DD Form 214 state to ensure accuracy in the preparation of the DD Form 214, a DD Form 214a (Work Sheet) will be used as the final basis and entries will be verified against records prior to the final preparation of the DD Form 214. All available records regarding the period of service to be covered by the DD Form 214 will be used as a basis for the preparation of the DD Form 214a. b. The specific instructions for preparation of item 10 (Date of Birth) state “self- explanatory.” //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007552 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1