IN THE CASE OF: 

		BOARD DATE: 13 December 2023

		DOCKET NUMBER: AR20230005951


APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from 
the Armed Forces of the United States), ending 30 March 1954, to reflect his Date of 
Birth (DOB) as "1X Axxxx XX31" vice "1X Axxxxx XX30."

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

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, ending 30 March 1954
*	Michigan Driver License
*	Michigan Probate Court Name Change record
*	Michigan Certified Copy of Record of Birth
*	U.S. Passport

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, in pertinent part, that the date of birth listed on his DD Form 
214 is incorrect and needs to be adjusted accordingly.

3.  The applicant's military records are not available to the Board for review. A fire 
destroyed approximately 18 million service members' records at the National Personnel 
Records Center in 1973. It is believed his records were lost or destroyed in that fire. 
However, there were sufficient documents remaining in a reconstructed record to 
conduct a fair and impartial review of this case. This case is being considered using 
reconstructed records, which primarily consist of a DD Form 214.

4.	The applicant was inducted into the Army of the United States on 15 April 1952.

5.	DD Form 214, ending 30 March 1954, shows the applicant was honorably released 
from active duty and transferred to the U.S. Army Reserve. He completed 1 year, 11 
months, and 16 days. Item 10 (Date of Birth) shows "1X Axxxxx XX30."

6.  The applicant provides the following:

a.	Michigan Driver License reflecting his DOB as "1X Axxxx XX31."

   b.	Michigan Probate Court Name Change record as supporting evidence of his 
name change.

c.	Michigan Certified Copy of Record of Birth showing his DOB as 
"1X Axxxx XX31."

d.	U.S. Passport displaying his DOB as "1X Axxxx XX31."

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 evidence presented does not demonstrate the existence of a 
probable error or injustice.  The applicant used the contested date of birth (DOB) year 
during his entire period of service. Upon review of the applicant’s petition, available 
military records, 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 year and they will be able to merge the two years 
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 DOB year recorded in his military records and to satisfy his desire to 
have his DOB year documented in his military records.
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.


	 
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 (Separation Documents), in effect at the time, prescribes 
policies and procedures for the completion of the DD Form 214. Source documents 
include the DA Form 20, DA Form 201 (Military Personnel Records Jacket), DD Form 4, 
as well as orders. The date of birth to be shown on the DD Form 214 is taken from 
these source documents.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230005951


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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