DOCKET NUMBER: AR20090003671
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), item 7 (U.S. Citizen) to show he was not a U.S. citizen; an unspecified correction to item 8 (Place of Birth (City and State or Country)); and correction of item 9 (Date of Birth) to show his date of birth as 15 January 1947.
2. The applicant states, in effect, that item 7 on his DD Form 214 shows he was a U.S. citizen, but he was not a citizen during the time that he served. His DD Form 214 also indicates in item 8 that he was born in Mexico and item
9 indicates he was born on 15 September 1967 instead of 15 January 1947.
3. The applicant provides a copy of his DD Form 214 and birth certificate 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 applicants record contains a copy of a DD Form 215 (Correction to the DD Form 214), dated 11 March 1987, that corrected item 7 of his DD Form 214 to show the entry "NO" and item 9 to show the applicant's date of birth as
15 January 1947. The applicant will be provided a copy of this document. Therefore, the applicant's request for correction of items 7 and 9 will not be discussed further in this Record of Proceedings.
3. The applicant was inducted into the Army of the United States (AUS) on 25 September 1967. His DD Form 47 (Record of Induction) shows his place of birth as Mexico. He completed a DD Form 369 (Police Record Check) in which he indicated his place of birth as Mexico.
4. A DD Form 1584 (National Agency Check Request), dated 2 October 1967, shows his place of birth as Piedras Niegras, Mexico.
5. He completed a DD Form 398 (Statement of Personal History), dated 2 October 1967, which shows his place of birth as Piedras Niegras, Mexico.
6. Block 20 (Birthplace and Citizenship) of his DA Form 20 (Enlisted Qualification Record) shows his birthplace as Mexico.
7. The applicant was released from active duty on 1 May 1969. Item 8 of his DD Form 214 shows his place of birth as Piedras Negras, Mexico.
8. The applicant provided a copy of his birth certificate which is in Spanish. The phrase "Lugar De Nacimiento," interpreted "place of birth," shows the entry "Piedras Negras, Coahuila."
9. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part, it directs that the place of birth will be entered in item 8 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant indicates that item 8 of his DD Form 214 incorrectly shows his place of birth as Mexico. The preponderance of evidence shows he was born in the country of Mexico.
2. At the time of the applicant's induction, he completed a Statement of Personal History which indicates his place of birth as Piedras Niegras, Mexico. In addition, his National Agency Check Request and Statement of Personal History show his place of birth as Piedras Negras, Mexico.
3. The governing regulation for preparation of the DD Form 214 provides that the city and state or country will be entered in item 8. His DD Form 214 correctly reflects the city of Piedras Negras and the country Mexico in item 8.
4. Therefore, there is no basis for correcting item 8 of the applicant's DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ __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) AR20090003671
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ABCMR Record of Proceedings (cont) AR20090003671
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