RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 March 2008
DOCKET NUMBER: AR20070015067
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Ms. LaVerne M. Douglas
Member
Ms. Jeanette R. McCants
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his correct place of birth.
2. The applicant states, in effect, that his DD Form 214 shows his place of birth as Santa Fe, New Mexico, and not Espanola, New Mexico, where he was actually born.
3. The applicant provides copies of his DD Form 214 and birth certificate issued on 12 September 2007.
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 applicants Record of Induction (DD Form 47), dated 24 May 1968, shows his place of birth as Santa Fe, New Mexico.
3. On 26 March 1969, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 11E (Armor Crewman).
4. The applicants National Agency Check Request (DD Form 1584), used to establish a security clearance, shows his place of birth as Santa Fe, New Mexico.
5. Item 20 (Birthplace and Citizenship) of the applicants Enlisted Qualification Record (DA Form 20) shows his place of birth as Santa Fe, New Mexico. On
5 October 1969, the applicant reviewed and signed this record.
6. On 30 October 1970, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had attained the rank of specialist four, pay grade E-4 and had completed
1 year, 7 months, and 5 days of creditable active service.
7. Item 8 (Place of Birth) of the applicants DD Form 214 shows his birthplace as Santa Fe, New Mexico. The applicant signed this form.
8. There is no evidence in his military records showing that the applicant was born in Espanola, New Mexico.
DISCUSSION AND CONCLUSIONS:
1. The forms completed in connection with his induction and security clearance indicate his place of birth as Santa Fe, New Mexico. The applicants DA Form
20 shows his place of birth as Santa Fe, New Mexico. The applicant reviewed this information on both his DA Form 20 and his DD Form 214 and signed those forms. There is no indication in his military records that he was born in Espanola, New Mexico.
2. The applicant served in the Army of the United States and was honorably separated. His records during this time showed his place of birth as Santa Fe, New Mexico. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records showing he was born in Santa Fe, New Mexico. The fact that he now desires a change to the place of birth for personal reasons is not a sufficiently mitigating factor that warrants granting this requested relief.
3. The Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his place of birth will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his place of birth and satisfy his desire to have this information documented in his record.
5. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LMD__ __JRM___ __JTM _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__ John T. Meixell _____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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