IN THE CASE OF: 
 
  BOARD DATE: 19 September 2023 
 
  DOCKET NUMBER: AR20230002315 
 
 
APPLICANT REQUESTS:  
 
• correction of Item 5 (Date of Birth (DOB)) on his DD Form (Certificate of Release or Discharge from Active Duty) to show the year as 1968 in lieu of 1967 

• personal appearance before the Board via video or telephone 


 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record) 
 
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 his correct birth year is 1968. He lost his original birth certificate, and the applicant along with his mother told them that his birth year was 1967. When he went overseas, he had to get what they had on file. 
 
3.  The applicant enlisted in the South Carolina Army National Guard (SCARNG) on 11 August 1987. His Enlistment Contract listed his year of birth as 1967. 
 
4.  He was ordered to active-duty training (ADT) on 1 September 1987. He was released from ADT on 10 December 1987. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 months and 10 days net active service this period. His DOB year shows as “67.” 
 
5.  On 11 October 1990, his commander-initiated action to separate him from the SCARNG for unsatisfactory performance under the provisions (UP) of Army Regulation (AR) 135-178 (Separation of Enlisted Personnel), chapter 6. The reason for his proposed actions was the applicant accrued nine unexcused periods within a one year period and was classified as an unsatisfactory participant. 
 
6.  On 1 April 1991, the applicant was discharged from the SCARNG and transferred to U.S. Army Reserve Control Group UP of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-27g, for unsatisfactory participant. His NGB Form 22 (Report of Separation and Record of Service) shows his year of birth as 1967.  
 
7.  He was honorably discharged from the USAR on 15 August 1995. 
 
8.  AR 635-5 (Separation Documents) 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. 
 
BOARD DISCUSSION: 
 
1.  The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 
 
2.  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 year of birth (1967) during his entire period of service. All documents in his record show he used the contested year of birth. There is no evidence the applicant used the requested year of birth (1968) during his military service. 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.  
 
3.  This Record of Proceedings, will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his year of birth. Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the year of birth under which he served. 
 
  
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. 
 
  9/19/2023

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 (AR) 635-5 (Separation Documents) 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. Item 3 states 
enter six-digit number; year, month, and day without spaces or slashes (e.g., 690312 for March 12, 1969.) 
 
3.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-11 states applicants do not have a right to a formal hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 
 
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