IN THE CASE OF:
BOARD DATE: 23 JULY 2009
DOCKET NUMBER: AR20090002999
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 that he was born in Dublin, Mississippi.
2. The applicant states that this error may affect family history research and veterans benefits.
3. The applicant provides, in support of his application, copies of his DD Form 214; Birth Certificate issued by the State of Mississippi on 25 August 2005; and VA Form 26-1880 (Request for a Certificate of Eligibility).
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. On 28 February 1969, the applicant signed a DD Form 4 (Enlistment Contract United States Armed Forces) wherein he indicated his place of birth as Clarksdale, Mississippi.
3. A Standard Form (SF) Form 88 (Report of Medical Examination) dated 28 February 1969, indicates that the applicant was born in Clarksdale, Mississippi.
4. On 28 February 1969, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 63C (Track Vehicle Mechanic).
5. A DD Form 398 (Statement of Personal History) signed by the applicant on
16 July 1969, indicates that he was born in Clarksdale, Mississippi.
6. His DA Form 20 (Enlisted Qualification Record) shows in Item 20 (Birthplace and Citizenship) his birthplace as Clarksdale, Mississippi. The applicant signed and audited this form on 19 October 1971.
7. On 25 January 1972, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist five, pay grade E-5, and had completed
2 years, 10 months, and 28 days of creditable active duty service. His characterization of service was honorable.
8. Item 8 (Place of Birth) of the applicant's DD Form 214 shows Clarksdale, Missouri.
9. An SF 180 (Request Pertaining to Military Records) submitted by the applicant on three separate occasions with dates of 24 July 1981, 7 June 1984, and 25 January 1999, indicate his place of birth as Clarksdale, Mississippi.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was born in Dublin, Mississippi, and that his military service records should be corrected to show this.
2. The applicant enlisted in the Regular Army using Clarksdale, Mississippi, as his place of birth. He served and was separated with an honorable characterization of service. There is no evidence presented that shows the applicant has suffered or would suffer any injury or injustice as a result of the Army maintaining its records showing that he was born in Clarksdale, Mississippi.
3. The Army has an interest in maintaining the accuracy 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. However, an applicant's place of birth is not considered as critical as other data elements; and therefore, should be corrected if found in error.
5. In view of the above, the applicants request to show his place of birth as Dublin, Mississippi, should be granted.
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 showing in Item 8 of his DD Form 214 Dublin, Mississippi.
_______ _ _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.
ABCMR Record of Proceedings (cont) AR20090002999
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