IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120002955
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 25 May xxxx instead of
23 May xxx.
2. The applicant states his DOB is incorrect on his DD Form 214.
3. The applicant provides:
* An extract of an entry in a Register of Births from Glasgow, Scotland
* DD Form 214
CONSIDERATION OF EVIDENCE:
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 Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted,
has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 23 July 1974. His enlistment contract shows his DOB as 25 May xxxx. He served as a tank turret mechanic and he was honorably released from active duty on 22 July 1977 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 4 (DOB) of his DD Form 214 shows his DOB as 23 May xxxx.
4. All of his service personnel records show his DOB as 25 May xxxx.
5. He provides a copy of his birth certificate which shows his DOB as 25 May xxxx.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was born on 25 May xxxx and his enlistment contract and birth certificate support this contention.
2. Based on the foregoing, it would be appropriate to correct item 4 of his DD Form 214 to show his DOB as 25 May xxxx.
BOARD VOTE:
___X ___ ___X____ ___X ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 deleting the entry in item 4 of his DD Form 214 and adding the DOB as it is listed on his birth certificate.
__________X_____________
CHAIRPERSON
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.
ABCMR Record of Proceedings (cont) AR20120002955
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120002955
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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