IN THE CASE OF: 

		BOARD DATE: 6 July 2023

		DOCKET NUMBER: AR20230000028


APPLICANT REQUESTS:  in effect, correction of Item 6 (Date of Birth (DOB)) on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the DOB 
listed on his Certification of Birth () vice the one listed ().

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

*	DD Form 149 (Application for Correction of Military Record)
*	Certification of Birth

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 the DOB on his DD Form 214 is in error. His Certification of 
Birth shows his correct DOB.

3.  The applicant provided a Certification of Birth from the Office of Vital Records, 
Department of Health, and Mental Hygiene, , issued on 20 August 2012, showing the 
requested DOB.

4.  The applicant’s service record contains the following documents showing he enlisted 
and served in the United States Army Reserve (USAR) and in an active-duty status 
using the contested DOB ():

*	DD Form 1966/1 (Application for Enlistment - Armed Forces of the United States)
*	DD Form 372 (Application for Verification of Birth for Official U.S. Armed Forces 
Use Only)
*	DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United 
States)


5.  On 24 August 1984, he enlisted in the USAR for 8 years, in pay grade E-1.

6.  On 21 November 1990, he was ordered to initial active duty for training. He 
completed the training requirements, and he was awarded military occupational 
specialty 76P (Materiel Control and Accounting Specialist).

7.  On 7 August 1991, he was honorably released from active duty, and transferred to 
the USAR. His DD Form 214 shows he completed 8 months and 17 days of net active 
service this period and reflects the contested DOB.

8.  The applicant’s service record only contain documents listing the contested DOB.

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 (DOB) 
during his period of military service. He did not use the requested DOB during that 
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. Based on a preponderance 
of evidence, the Board determined that the DOB listed on the applicant’s DD Form 214 
at the time of his separation was not in error or unjust.
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board found 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 Separations – Administrative Separation 
Procedures and Forms) establishes uniform administrative procedures and separation 
forms to be used in connection with the relief from active duty or complete separation 
form the military service of commissioned officers, warrant officers, and enlisted 
personnel.  Section II (Instructions for Preparing DD Form 214) Table 2-1 states for item 
5, enter date using six-digit number in this item: year, month, and day written in that 
sequence without spaces or slashes, e.g., 420106 for 6 Jan 42. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000028


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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