IN THE CASE OF: 

		BOARD DATE: 31 August 2023

		DOCKET NUMBER: AR20230001992


APPLICANT REQUESTS:  

*	correction of his DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) for the period ending 5 May 1967 to show his date of birth 
(DOB) as " 1943" vice "1943"
*	personal appearance before the Board via video/telephone

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

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Birth State of New Mexico
*	DD Form 214

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code 
(USC), 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, in effect, he is requesting his DOB be changed on his DD Form 
214 to match his birth certificate.   

3.  The applicant's service records contain the following documents for the Board's 
consideration:

	a.  DD Form 47 (Record of Induction), which shows the applicant was inducted into 
the Army of the United States on 7 May 1965. His DOB is listed as "1943."

	b.  DA Form 20 (Enlisted Qualification Record), which shows his DOB as 
" 1943."

	c.  DD Form 1343 (Notification of Change in Service Member's Official Records) 
dated 12 August 1965, which shows his DOB as "1943."
	d.  DD Form 214, for the period ending 5 May 1967, which shows his DOB as 
"1943."

4.  The applicant provides his State of New Mexico Certificate of Birth, which shows his 
DOB as "1943."  


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 DOB recorded on the applicant s DD Form 214 was used 
consistently throughout his period of military service. The Board found insufficient 
evidence of mitigating factors that would be a basis for changing an entry on the 
DD Form 214 that accurately reflects the information that was available when the form 
was completed. The Board determined the DOB on the DD Form 214 should not be 
changed.

3.  The applicant is advised that a copy of these proceedings will be placed in his 
Official Military Personnel File, which will serve to explain the difference between the 
DOB on his DD Form 214 and the DOB shown on his Certificate of Birth.


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.
	 
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.  Army Regulation (AR) 635-5 (Separation Documents), in effect at the time prescribes 
the separation documents which are prepared for individuals upon retirement, 
discharge, or release from active military service or control of the Army. It establishes 
standardized policy for preparing and distributing DD Form 214. All available records 
will be used as a basis for preparation of DD Form 214 to include DA Form 20 (Enlisted 
Qualification Record) and orders. Item 3; enter service members social security number.

3.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in 
its discretion, hold a hearing or request additional evidence or opinions. Additionally, it 
states in paragraph 2-11 that applicants do not have a right to a hearing before the 
ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice 
requires.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230001992


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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