IN THE CASE OF: BOARD DATE: 8 August 2023 DOCKET NUMBER: AR20230001079 APPLICANT REQUESTS: correction of item 6 (Date of Birth) on 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 Birth (from XX A__ 19X4 to XX J__ 19X5) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Driver License • Certificate of 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. He needs his DD Form 214 corrected for Department of Veterans Affairs (VA) benefits purposes. He provides a Certificate of Live Birth and Driver License showing the requested DOB. 3. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. The only records available to this Board is a Certification of Military Service and an illegible document; none of the available documents contain a DOB. 4. The applicant was inducted into the Army of the United States on 6 September 1955. His induction record is not available for review with this case. 5. The applicant was honorably released from active duty on 21 August 1957 under Army Regulation 635-205, due to early separation overseas returnee, and he was transferred to the United States Army Reserve. He was credited with completing 1 years, 11 months, and 16 days of net active service this period. Item 6 (DOB) on his DD Form 214 shows the contested DOB. 6. The only documents reflecting a DOB were the documents provided by the applicant. These documents are sufficient for the Board to conduct a fair and impartial review of this case. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The only military document that is available is his DD Form 214 which reflects the contested DOB. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Although the Board did not find evidence in the available service records that shows the applicant used the requested DOB, the Board also determined the applicant provided a birth certificate reflective of the requested DOB and decided – in the absence of his service records - to give the applicant the benefit of the doubt. 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 the Army records of the individual concerned be corrected by amending the date of birth shown on his DD Form 214 to show a date similar to that shown on his birth certificate. 8/8/2023 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, 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 6 (DOB) states self-explanatory. //NOTHING FOLLOWS//