IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100021408 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his place of birth as Altoona, PA instead of Cresson, PA.  

2.  He states his place of birth isn’t Cresson, PA, but it should be Altoona, PA.  

3.  He provides a copy of his DD Form 214, Certification of Birth, and Notification of Birth Registration.  

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 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.  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 applicant’s 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 11 July 1966.  Prior to his enlistment, he completed a DA Form 398 (Statement of Personal History) and he indicated his place of birth as Altoona, PA in Blair County.  

3.  His service record includes the following documents which show his place of birth as Cresson, PA:

* DD Form 4 (Enlistment Record – Armed Forces of the United States)
* Standard Form 88 (Report of Medical Examination)
* Standard Form 89 (Report of Medical History)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 41 (Record of Emergency Data)

4.  He was released from active duty on 11 March 1969.  Item 8 Place of Birth (City and State or County) on his DD Form 214 shows his place of birth as Cresson, PA.  

5.  He provided a copy of his Certification of Birth which shows he was born in Blair County.  

6.  He also provided a Notification of Birth Registration which shows he was born in Altoona, PA.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his place of birth isn’t Cresson, PA, but it should be Altoona, PA was considered and determined to have merit.  

2.  His place of birth appears both as Cresson, PA and Altoona, PA in his military personnel records.  However, his Notification of Birth Registration shows he was born in Altoona, PA.  Therefore, it would be appropriate to amend item 6 of his DD Form 214 to show his place of birth as Altoona, PA.  

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 “CRESSON PENNSYLVANIA” from item 6 of his DD Form 214 and replacing it with the entry “ALTOONA PENNSYLVANIA.”




      _______ _   _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)                                         AR20100021408





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ABCMR Record of Proceedings (cont)                                         AR20100021408



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