IN THE CASE OF:  
 
  BOARD DATE: 12 September 2023 
 
  DOCKET NUMBER: AR20230001254 
 
 
APPLICANT REQUESTS:  his date of birth (DOB) be corrected on all his military records, from X5 N____ 1950 to X3 N____ [Unclear Year]  
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Certificate of Live Birth, 23 November XXXX 


 
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, he needs his birth date changed on all his military records. He has been having issues with retirement and the systems verifying who he is.  
 
3.  The applicant provides a copy of his certificate of live birth, which shows his DOB as X3 N__ XXXX.  
 
4.  A review of the applicant’s service record shows: 
 
 a.  He was inducted into the Army of the United States on 1 October 1970. His DD Form 47 (Record of Induction) shows in Block 5 (DOB), X5 N___ XXXX.  
 
 b.  DA Form 2A (Personnel Qualification Record, Part I) shows his DOB as X5 N____ XXXX.  
 
 c.  DA Form 2-1 (Personnel Qualification Record) shows the applicant was released from active duty, with an effective date of 29 March 1972.  
 
 d.  He was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) shows in Block 9 (DOB), X5 N___ XXXX. The applicant authenticated this form with his signature.  
 
 e.  DD Form 4 (Enlistment Contract-Armed Forces of the United States) shows he enlisted in the Regular Army on 22 August 1973. His DD Form 4 shows in Block 21 (DOB), X5 N___ XXXX. The applicant authenticated this form with his signature.  
 
 f.  He subsequently reenlisted on 10 December 1976, 27 September 1979, 22 September 1982, 18 July 1985, and 14 August 1991. His DD Forms 4 show his DOB as X5 N___ XXXX. He authenticated these forms with his signature.  
 
 g.  The applicant was honorably retired from active duty on 29 February 1996. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in Block 5 (DOB), X5 N____ XXXX.  
 
5.  By regulation, 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 of record shows the applicant used the contested date of birth during his entire period of service. All documents in his record show he used the contested date of birth. There is no evidence the applicant used the requested date of birth. 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. 
 
  9/12/2023

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 635-8 (Separation and Processing Documents), currently in effect, states 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. For Block 5 (DATE OF BIRTH), it states verify data accuracy by reviewing original enlistment contract and/or application for appointment. 
 
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