IN THE CASE OF: 

		BOARD DATE: 21 July 2023

		DOCKET NUMBER: AR20230000180


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to reflect his date of birth (DOB) as 
shown on his Certificate of Live Birth.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Live Birth
*	DD Form 214

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 the DOB on his DD Form 214 is in error.

3.  The applicant provided a Certificate of Live Birth showing the requested DOB.

4.  The applicant was inducted into the Army of the United States on 29 August 1969. 
His DD Form 47 (Induction Record) shows the contested DOB. His service record also 
contains a DD Form 1584 (National Agency Check Request) and a DD Form 398 
(Statement of Personal History) both showing the contested DOB. 

5.  The applicant was honorably released from active duty on 27 August 1971 under 
Army Regulation 635-200, due to expiration term of service, and was transferred to the 
United States Army Reserve. He was credited with 1 years, 11 months, and 29 days of 
net active service this period. Item 9 on his DD Form 214 shows the contested DOB.

6.  There are no documents in the applicant s available service records reflecting the 
requested DOB. All documents in the applicant s service record reflects the contested 
DOB.

7. The applicant s submissions were provided to the Board in their entirety.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was warranted. Although the Board recognized the importance of preserving the 
integrity of the record, the Board also recognized the importance of insuring the 
correctness of the applicant s military records. To avoid confusion between the date of 
birth as reflected on his DD214 and that reflected on his birth certificate, the Board 
agreed he should be issued a DD215 showing the requested date of birth.  
 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:xx	:xx	:xx	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
Army records of the individual concerned be corrected by issuing him a DD215 showing 
his date of birth as 21 April 1946.
  
	 
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), in effect at the time, 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 and established 
standardized policy for preparing and distributing the DD Form 214. 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 (DOB) states self-explanatory.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000180


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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