IN THE CASE OF:  
 
  BOARD DATE: 20 July 2023 
 
  DOCKET NUMBER: AR20230001082 
 
 
APPLICANT REQUESTS: in effect, correction of his military records to show his birth year ends in "4," not "7." 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Birth Certificate 

• Driver's License 


 
 
FACTS: 
 
1.  The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records:  Claims Incident Thereto). 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, in effect, his records have the wrong birth year. 
 
3.  A review of the applicant's service record reveals the following: 
 
 a.  On 15 November 1966, the applicant enlisted into the Regular Army for 3 years; item 15 (Date of Birth) on his DD Form 4 (Enlistment Record – Armed Forces of the United States) lists his birth year as ending in "7."  
 
 b.  On 22 November 1966, the applicant completed and signed a DD Form 398 (Statement of Personal History). Item 5 (Date of Birth) shows a birth year ending in "7"; in addition, the applicant's signature appears below the following certification: "I certify that the entries made by me above are true, complete, and correct to the best of my knowledge and belief and are made in good faith."  
 
 c.  Upon completion of initial entry training and the award of military occupational specialty 76Y (Unit Supply Specialist), orders assigned the applicant to Germany, and he arrived at his new unit, on or about 3 April 1968.  
 
 d.  In or around February 1969, the applicant received reassignment instructions for Vietnam, and he arrived in Vietnam, on or about 25 March 1969; orders subsequently assigned him to the 4th Battalion, 31st Infantry Regiment, and he arrived at his unit, on or about 2 April 1969.  
 
 e.  On 1 November 1969, the applicant completed his Vietnam tour, and orders reassigned him to Fort Lewis, WA for separation processing. On 6 November 1969, orders honorably released the applicant from active duty, based on an early release policy, and transferred him to the U.S. Army Reserve (USAR) to complete the remainder of his military service obligation. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years, 11 months, and 22 days of his 3-year enlistment contract. Item 9 (Date of Birth) indicates the applicant's birth year ends in "7." 
 
 f.  The only document indicating the applicant's birth year ends with a "4" is an Immigration and Naturalization Service Form N-426 (Request for Certification of Military or Naval Service), dated 5 December 1986; all other Army documents state that his birth year ends in "7." 
 
4.  Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, stated the purpose of separation documents was to provide the individual with documentary evidence of his/her military service. DD Form 214 preparers were to use all available records, to include enlistment documents and the Soldier's DA Form 20 (Enlisted Qualification Record), as sources for the entries in the DD Form 214.  
 
 
BOARD DISCUSSION: 
 
1.  After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 
 
2.  The Board found the applicant’s year of birth was consistently record as a year ending in “7” throughout his period of military service. The Board found insufficient evidence that would support a recommendation to change entries in his records that accurately reflect the information available at the time the records were created. The Board determined the year of birth recorded in the applicant’s Army records should not be changed. 
 
3.  The applicant is advised a copy of these proceedings will be filed in his Official Military Personnel File, which will serve to explain the difference between that year of birth recorded in his service records and the year of birth shown on his Birth Certificate. 
 
 
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. 
  7/27/2023

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, USC, 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.  AR 635-5, in effect at the time, stated the purpose of separation documents was to provide the individual with documentary evidence of his/her military service. DD Form 214 preparers were to use all available records, to include enlistment documents and the Soldier's DA Form 20 (Enlisted Qualification Record), as sources for the entries in the DD Form 214. 
 
//NOTHING FOLLOWS//