Docket No: 9531-19 
Ref: Signature Date           
 

Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 27 January 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
On 4 August 1971, you enlisted in the Navy and began a period of active duty.  The date of birth that appears on your enlistment paperwork is .  You served over four years on active duty, and on 25 June 1976, you were released from active duty and transferred to the Naval Reserve.  Similarly, on your Report of Separation from Active Duty (DD Form 214), is appears as your date of birth.  
 
You request the Board change your DD Form 214, block 4, date of birth.  You assert that, during a recent visit to the Department of Veterans Affairs, it was brought to your attention that the date of birth on your DD Form 214 does not match the date of birth on other documents. As noted above, the date of birth on your DD Form 214 is ; and the date of birth on the other documents is , which you claim is your actual date of birth.  In support of your petition, you attached a copy of a 1973 court order changing your name and copies of your birth certificate and driver’s license, all with a date of birth of . Records contained in your Official Military Personnel File reflect the date of birth that matches your DD Form 214,.  Additionally, your record contains documents you signed with the date of birth of , including a request you made for your records in 1984.  The Board found no error in the records. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, specifically, an explanation of your prior and continued use of  vice  as your date of birth, when it appears that you were aware of the discrepancy during your time in service.  Once you provide this explanation, your case will be expedited. Be mindful that when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.