IN THE CASE OF: BOARD DATE: 22 March 2023 DOCKET NUMBER: AR20220009473 APPLICANT REQUESTS: reconsideration of his previous request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 28 August 1972, 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) * Certificate of Live Birth, Certified Copy, Health Department, * DD Form 214, 28 August 1972 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120022827 on 2 July 2013. 2. The applicant states, in effect, he needs his DOB changed on his DD Form 214. The date is the date on his birth certificate. He did not know it was wrong until he was told. 3. The applicant completed a DD Form 398 (Statement of Personal History) in connection with his enlistment. He listed his DOB as the 4. The applicant enlisted in the Regular Army on 26 January 1971. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) and allied documents listed his DOB as 5. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty also listed a DOB similar to that on his Enlistment Contract. 6. Multiple documents in his service record consistently listed his DOB as the. These include: * DD Form 372 (Application for Verification of Birth - For Official Armed Forces Use Only), 23 November 1970 * Standard Form (SF) 89 (Report of Medical History), 25 November 1970 * Statement of Personal History * AE Form 2183 (Enlisted Personnel Data), 10 August 1971 * DA Form 873 (Certificate of Clearance and/or Security Determination), 6 January 1972 * DA Form 268 (Report of suspension of Favorable Personnel Actions), 10 July 1972 7. He was discharged with a general characterization of service on 28 August 1972. His DD Form 214 listed his DOB as the 8. The applicant's service record does not contain any documentation showing his DOB as the 9. The applicant provides a copy of his Certificate of Live Birth, certified by the. The date of birth listed in Block 6 is 10. On 2 July 2013, the Board considered the applicant's request for correction of his DOB. The Board denied his request based upon the evidence of record which showed he served under the DOB of throughout the entirety of his military service. Therefore, there was no basis for granting relief. 11. 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. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, 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 date of birth (DOB) 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 there is insufficient evidence to amend the previous Boards’ decision. 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 DOB recorded in his military records and to satisfy his desire to have his legal date of birth 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 Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20120022827 on 2 July 2013 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: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of 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. 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. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 9 stated to verify the accuracy with the dates in the record. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009473 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1