BOARD DATE: 30 March 2010
DOCKET NUMBER: AR20090017206
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 military records to show his correct place of birth.
2. The applicant states that he was born in Wilkes County, North Carolina.
3. The applicant provides a copy of his Delayed Certificate of Birth, certified on 14 May 2009.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 26 March 1969, the applicant was inducted into the Army of the United States for 2 years.
3. The applicant's DD Form 47 (Record of Induction), dated 26 March 1969, indicates his place of birth as Iredell County, North Carolina.
4. The applicant's DD Form 398 (Statement of Personal History) indicates he was born in Iredell County, North Carolina. The form shows that he signed and dated the form on 26 March 1969.
5. Item 20 (Birthplace and Citizenship) of the applicant's DA Form 20 (Enlisted Qualification Record) shows Iredell County, North Carolina. Items 47 and 48 (Signature of Individual and Date of Audit, respectively) indicate the applicant audited this form on 10 March 1971, just 15 days prior to his release from active duty.
6. On 25 March 1971, the applicant was released from active duty transferred to the U.S. Army Reserve Control Group (Annual Training). Item 8 (Place of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates his place of birth as Iredell Country, North Carolina.
7. The Delayed Certificate of Birth provided by the applicant indicates he was born on 3 March 1949 in Somers Township, Wilkes County, North Carolina. The document was initially certified on 18 April 1967 and filed a day later. The copy provided for this case was certified on 14 May 2009.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his correct place of birth.
2. The available evidence of record clearly shows that at the time of the applicant's entry in the Army and for the duration of his active duty service he maintained his place of birth was Iredell County, North Carolina.
3. The birth certificate provided by the applicant indicates that it was properly recorded in April 1967, just a few years prior to his entry in the Army. Therefore, he should have known his correct place of birth at the time.
4. 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.
5. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided confirming his current name 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 current name and the one recorded in his military record and satisfy his desire to have his birth place documented in his record.
6. In view of the above, the applicant's request should be denied.
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) AR20090017206
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ABCMR Record of Proceedings (cont) AR20090017206
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