IN THE CASE OF: 

		BOARD DATE: 20 December 2023

		DOCKET NUMBER: AR20230005529


APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from 
Active Duty) corrected to show his date of birth (Day) as “26” vice “25” as it appears on 
his legal forms of identification.

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

*	DD Form 149 (Application for Correction of Military Record)
*	NGB Form 22 (National Guard Bureau Report of Separation and Record of 
Service)
*	DD Form 214
*	Birth Certificate
*	driver's license

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 DD Form 214 and birth certificate show different dates.

3.  The entirety of the applicant’s official military personnel record (OMPF) is not 
available for review and this case will be adjudicated based on the documents provided 
by the applicant.

4.  The applicant enlisted in the Puerto Rico Army National Guard (PRARNG) on 
14 June 1985. He served initial active duty for training from 2 October 1985 through 
24 January 1986. His DD Form 214 shows the contested date of birth.

5.  The applicant was honorably discharged from the PRARNG on 20 May 1996. His 
NGB Form 22 shows the contested date of birth.

6.  The applicant provided his birth certificate and state issued driver’s license show a 
different date of birth than what appears on his DD Form 214 and NGB Form 22.

BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not 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 The Board determined the evidence presented does not demonstrate the 
existence of a probable error or injustice. Upon review of the applicant’s petition and 
available military records, the Board found the applicant used the contested date of birth 
(DOB) during his entire period of service.  The Board determined the overall merits of 
this case are insufficient as a basis for correction of the records of the individual 
concerned. The Board recommended the applicant seek assistance through the social 
security administration (SSA) office for correction of his DOB (day) and they will be able 
to merge the two different days as well and notify the department of veteran affairs of 
the correction. Based on this the Board denied relief.

2.  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.  In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed.

3.  The applicant is advised that a copy of this decisional document, along with his 
application and the supporting evidence he provided, will be filed in his official military 
records.  This should serve to clarify any questions or confusion regarding the 
difference in the date of birth (day) recorded in his military records and to satisfy his 
desire to have his legal date of birth documented in his military records.

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 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)	AR20230005529


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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