IN THE CASE OF: BOARD DATE: 19 October 2023 DOCKET NUMBER: AR20230002884 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 April 1962 to change his date of birth as reflected on his birth certificate. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provision of Title 10, U.S. Code, Section 1552) * DD Form 214 for the period ending 9 April 1962 * Birth Certificate, 14 September 1999 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. On 18 February 1960, the applicant was inducted into the U.S. Army. His DD Form 47 (Record of Induction) shows a date of birth in . 3. The applicant’s DA Form 20 (Enlisted Qualification Record) shows a date of birth in. 4. On 9 April 1962, the applicant was discharged from active duty and transferred to the U.S. Army Reserves. His DD Form 214 shows date of birth in. 5. The applicant’s birth certificate, issued 14 September 1999, and driver license, 9 January 2020, shows a date of birth in. ? BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, a majority of the Board found relief is not warranted. 2. A majority of the Board found the date of birth recorded on the applicant’s DD Form 214 was used throughout his service record. A majority of the Board found insufficient evidence of mitigating factors that would support a recommendation to change an entry on the DD Form 214 that accurately reflects the information that was available when the form was completed. A majority of the Board determined the DD Form 214 should not be changed. 3. The member in the minority found the documents provided by the applicant sufficient to confirm his correct date of birth. The member in the minority determined the applicant’s DD Form 214 should be corrected to reflect the date of birth on his birth certificate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X : 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, 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 (Personnel Separation – Separation Forms), 11 January 1960, prescribed the forms to be used in the separation of Army personnel and are applicable to all officer and enlisted personnel on active duty. The purpose of a separation form is to provide the individual with documentary evidence of his military service. The general instructions states all records will be used as a basis for the preparation of DD Form 214 (Worksheet), including DA Form 24 (Service Record), DA Form 20, and orders. The specific instructions for item 6 (Date of Birth) is self- explanatory. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002884 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1