IN THE CASE OF:
BOARD DATE: 31 JULY 2008
DOCKET NUMBER: AR20080008817
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 that block number 7 (U.S. Citizen) on his Report of Transfer or Discharge (DD Form 214) be corrected read "NO" and that block number 9 (Date of Birth) be corrected to show 4 October 1967 instead of 14 October 1967.
2. The applicant states that when he was being separated from the service there were hundreds of individuals being processed. He states that they would move from station to station turning in their gear and providing medical information. He states that he never noted the errors until they were caught by his daughter. He states that the errors do not actually hurt him; however, he believes that they should be corrected.
3. The applicant provides in support of his application, a copy of his Certificate of Birth; a copy of his DD Form 214; and a copy of his Permanent Resident Card.
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 was inducted into the Army on 6 September 1967 in Oakland, California. His Record of Induction shows his date of birth as 4 October 1947 and that he was a citizen of Mexico at the time that he was inducted.
3. The Statement of Personal History that was completed on the applicant on 7 September 1967 shows his date of birth as 4 October 1947; that he was an alien at the time of his enlistment; and that his native country is Mexico.
4. Every document contained in the applicant's official file, from the time of his induction until the time of his release from active duty (REFRAD) shows his date of birth as 4 October 1947 and that he was not a U.S. Citizen.
5. The applicant was REFRAD on 20 August 1969. The DD Form 214 that he was furnished shows that his date of birth was initially typed as 14 October 1947 and that a poor attempt was made to erase the number 1 so that his date of birth would be reflected as 4 October 1947. However, the 1 is still legible on the copies of his DD Form 214, to include the copy that the applicant submitted in support of his application. His DD Form 214 also shows that he was a U.S. Citizen at the time of his REFRAD.
6. The Permanent Resident Card that the applicant submitted in support of his application shows his date of birth as 4 October 1947 and his country of birth as Mexico.
7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge.
DISCUSSION AND CONCLUSIONS:
1. An error was made during the preparation of the applicant's DD Form 214 which resulted in the incorrect date of birth being reflected.
2. The applicant's official records shows his date of birth as 4 October 1947 and it is clear that a typographical error was made that resulted in his date of birth being reflected as 14 October 1947 on his DD Form 214. Therefore, it would now be appropriate to correct his DD Form 214 to reflect his date of birth as
4 October 1947.
3. Additionally, the available records show that the applicant was not a U.S. Citizen at the time of his REFRAD. Therefore, block number 7 on his DD Form 214 should be corrected to read "NO."
4. In view of the foregoing, it would be in the interest of justice to correct the applicant's records as recommended below.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 amending block number 7 (U.S. Citizen) on his DD Form 214 to read "NO" and block number 9 (Date of Birth) to read 4 October 1947.
___ XXX ___
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.
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