IN THE CASE OF: 

		BOARD DATE: 17 January 2024

		DOCKET NUMBER: AR20230007535


APPLICANT REQUESTS: correction of item 9 (Date of Birth (DOB)) on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to 
show "," vice "."

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

*	DD Form 149 (Application for Correction of Military Record)
*	Birth Certification
*	DD Form 214


FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10 (Armed 
Forces), United States Code (USC), section 1552 (b) (Correction of Military Records:  
Claims Incident Thereto). 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 effect, his DD Form 214 has the wrong DOB and he provides 
a birth certification to support his request; he adds that he discovered his correct DOB 
after his enlistment date.

3.  The applicant provides a copy of his birth certificate, which reflects his DOB as “”.

4.  A review of the applicant's service record reveals the following:

	a.  On 3 March 1969, he was inducted into the U.S. Army of the United States. His 
DD Form 47 (Record of Induction) lists his DOB as "". 

	b.  His DD Form 214 shows on 11 February 1971, he was honorably released and 
transferred to the U.S. Army Reserve to complete his remaining military service 
obligation. He completed 1 year, 11 months, and 9 days of net active duty service. 
Additionally, item 9 reflects his DOB as "".

	c.  A further review of the applicant's service records does not reflect any documents 
that show his DOB as "".

5.  The Board has an interest in maintaining the accuracy of its records; for historical 
purposes, the data and information contained in those records should reflect the 
conditions and circumstances, as they existed at the time of the records' creation.

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 determined 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 and they will be 
able to merge the different dates 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 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, 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.  AR 635-5, in effect at the time, stated the purpose of separation documents was to 
provide the individual with documentary evidence of his/her military service. DD Form 
214 preparers were to use all available records, to include enlistment documents and 
the Soldier's DA Form 20 (Enlisted Qualification Record), as sources for the entries in 
the DD Form 214. Item 9 (DOB) is self-explanatory.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230007535


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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