IN THE CASE OF: BOARD DATE: 24 January 2024 DOCKET NUMBER: AR20230007024 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in item 9 (Date of Birth): vice . APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 5 April 2023 * Birth Certificate * General Orders Number 1817, 23 July 1969 (Air Medal) * Citation, Army Commendation Medal, for the period July 1968 to July 1969 * Honorable Discharge Certificate * DD Form 214, for the period ending 12 August 1969 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 birthdate is incorrect and should be changed to show vice. 3. On 10 January 1968 the applicant was inducted into the Army of the United States. 4. The applicant's complete military records are not available for review. An exhaustive search was conducted to locate his records but they could not be found. However, there were sufficient documents for the Board to conduct a fair and impartial review of this case. 5. The applicant provides: a. His birth certificate, which reflects the requested date of birth. b. General Orders Number 1817, issued by Headquarters, II Field Force Vietnam, 23 July 1969, which shows his award of the Air Medal, in Vietnam, for meritorious achievement. He was assigned to 33rd Chemical Detachment, 11th Armored Cavalry Regiment APO 96257 from 2 February to 9 June 1969. c. A citation for award of the Army Commendation Medal, for his meritorious service in Vietnam, during the period July 1968 to July 1969 (four campaigns). However, the applicant did not provide orders awarding him the Army Commendation Medal. 6. On 12 August 1969, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 7 months and 3 days of active service. His DD Form 214 also reflects the contested date of birth in item 9. a. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal b. Item 30 (Remarks): no entry for Vietnam service. 7. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: 1. 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 determined the evidence presented does demonstrate the existence of a probable error or injustice. Although 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 sufficient as a basis for correction of the records of the individual concerned. 2. The Board recommended the applicant seek assistance through the social security administration office for correction of his date of birth and they will be able to merge them as well and notify the department of veteran affairs of the correction. 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. Based on the evidence provided, the Board granted relief to correct the applicant’s DOB as shown 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 12 August 1969, by showing the birth date listed 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, 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 (AR) 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. b. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instruction for item 5 is to list the date of birth. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230007024 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1