IN THE CASE OF:   
 
  BOARD DATE: 15 August 2023 
 
  DOCKET NUMBER: AR20230000513 
 
 
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 from A (30 ___ 19XX) to B (2 ____ 19XX).   
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record), 30 September 2022 

• DD Form 214 (Report of Separation from the Armed Forces of the U.S.) 

• Birth Certificate 


 
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 that his date of birth (DOB) needs to be corrected from (A) to the correct one (B). His DOB is incorrect on his DD Form 214, he attached a copy of his birth certificate. 
 
3.  On 30 May 1949, the applicant enlisted in the Regular Army. His DD Form 4 (Enlistment Record) is not available for review. On 12 May 1952, he was honorably discharged. His DD Form 214 shows he completed 3 years, 11 months, and 10 days of net service. His DD Form 214 shows in item 10 (Date of Birth) – his DOB as A. 
 
5.  The applicant provided his birth certificate, that shows his DOB number as (B). 
 
6.  There is no evidence the applicant used the requested DOB (2nd day of the month) during his military service. 
 
7.  By regulation (AR 635-5 and AR 635-8 now), 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: 
 
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 evidence shows the applicant used the contested DOB during his military service. The Board did not find evidence in the service record he used the requested DOB. 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, unless there is sufficient evidence that shows a material error or injustice.  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: 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. 
 
  8/15/2023

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 (and Army Regulation 635-8 (Separation Processing and Documents)), currently in effect, prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition. Paragraph 5-6 (Rules for completing the DD Form 214) provides detailed instructions for data required in each block of the DD Form 214. For Block 10 (Date of Birth) verify data accuracy by reviewing original enlistment contract and/or application for appointment. 
 
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