IN THE CASE OF:
BOARD DATE: 14 April 2009
DOCKET NUMBER: AR20080017122
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 item 8 (Place of Birth) on his DD Form 214 (Report of Transfer or Discharge) for the period ending 12 May 1971 be corrected to show he was born in Minnesota instead of Wisconsin.
2. The applicant states that he was born in Hibbing, Minnesota not Hibbing, Wisconsin.
3. The applicant provides a copy of his birth certificate and DD Form 214 for the period ending 12 May 1971 in support of his application.
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's DD Form 398 (Statement of Personal History) and his induction record show his place of birth is Hibbing, Minnesota. He was inducted into the Army of the United States on 7 May 1968 and honorably discharged on 12 May 1968 for enlistment in the Regular Army.
3. Item 8 on the applicant's DD Form 214 for the period ending 12 May 1968 shows he was born in Hibbing, Minnesota.
4. The applicant enlisted in the Regular Army on 13 May 1968 for a period of
3 years. He served as a microwave system repairman and was released from active duty on 12 May 1971.
5. Item 8 on the applicant's DD Form 214 for the period ending 12 May 1971 shows he was born in Hibbing, Wisconsin.
6. In support of his claim, the applicant provided a copy of his birth certificate which shows he was born in Hibbing, Minnesota.
DISCUSSION AND CONCLUSIONS:
The applicant's birth certificate which shows he was born in Hibbing, Minnesota is accepted as sufficient evidence on which to amend item 8 on his DD Form 214 for the period ending 12 May 1971 to show he was born in Minnesota.
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
amending item 8 on the applicant's DD Form 214 for the period ending 12 May 1971 to show he was born in Hibbing, Minnesota.
_______ _ 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) AR20080017122
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080017122
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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