IN THE CASE OF: 

		BOARD DATE: 4 October 2023

		DOCKET NUMBER: AR20230003200


APPLICANT REQUESTS:  correction of his Date of Birth (DOB) to show "" instead of "."

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

*	DD Form 149 (Application for Correction of Military Record)
*	Certification of Discharge
*	Certificate of Live Birth
*	Department of Veterans Affairs (VA) Rating Decision

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 his birth year is wrong. He was born in "." He wants this 
corrected for when he passes away, so his correct DOB is on his headstone.   

3.  The applicant's service record contains a DA Form 8-24 (Reports Control Symbol 
Med 19), dated, which shows the applicant had a mental deficiency. It does not contain 
his DOB.

4.  The applicant's service record was void of his enlistment contract and his Report of 
Discharge from Active Duty.

5.  The applicant provides the following documents for the Board's consideration:

   a.	A document entitled "General Discharge", which shows the applicant entered 
active duty on and was discharged from the Army on with a General, Under Honorable 
Conditions Discharge. His DOB shows "."

b.	An Amended Commonwealth of Virginia Certificate of Live Birth dated 
, which shows his DOB as "."

	c.  A VA rating decision dated 30 September 2022, which does not contain his DOB.


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation. Upon review of the applicant’s petition and available military records, the 
Board found the evidence presented does demonstrate the existence of a probable 
error or injustice. The applicant used the contested date of birth (DOB) during his entire 
period of service. In the absence of evidence that shows a material error or injustice, 
there is a reluctance to recommend that those records be changed. However, the Board 
determined the overall merits of this case are sufficient as a basis for correction of the 
records of the individual concerned. As such, the Board agreed correction to the 
applicant’s is warranted by adding in the remarks of his DD Form 214 also known as 
(A.K.A) to show his date of birth as reflected on his certificate of live birth 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

?
BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a
recommendation for partial relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected to show on his 
DD Form 214 in the Remarks – also known as (A.K.A) his date of birth as reflected on 
his certificate of live birth.

	 
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 635-5 (Administrative Separation Procedures and Forms) in effect 
at the time, establish uniform administrative procedures and separation forms to be 
used in connection with the relief from active duty or complete separation from the 
military service of commissioned officers, warrant officers, and enlisted personnel. All 
available records will be used in the preparation of DD Form 214. Enter the DOB from 
entry documents (DD Form 4, DA Form 3716 (Personnel Financial Record).


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230003200


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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