IN THE CASE OF:	 

		BOARD DATE:	  04 May 2010

		DOCKET NUMBER:  AR20090018181 


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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his place of birth as Mexico City, Mexico.

2.  The applicant states that it has come to his attention that his DD Forms 214 contain an incorrect place of birth and he desires them to reflect that he was born in Mexico City, Mexico.

3.  The applicant provides a copy of an un-translated birth certificate from Mexico, a copy of the photograph and signature pages of his U.S. Passport, and copies of his DD Forms 214 from 3 April 1958 to 30 June 1980.

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.  The applicant enlisted in the Regular Army in Miami, FL, on 3 April 1958 for a period of 3 years.  At the time of his enlistment he indicated that he was born on 2 April 1940 in Providence, RI and that he resided with his parents in Mexico from June 1940 to February 1953.

3.  He continued to serve through a series of reenlistments until he was retired on 30 June 1980 by reason of required service for retirement in the rank/grade sergeant first class (SFC)/E-7.  He was transferred to the Retired List, effective
1 July 1980.  He had served 22 years, 1 month, and 8 days of total active service.  At the time of his retirement, his date of birth (DOB) on his DD Form 214 reflected 2 April 1940.

4.  A review of his official records show that his DD Forms 214 for the periods ending 31 March 1961, 21 May 1967, and 21 February 1973 reflects a DOB of
2 April 1940 and a place of birth of Providence, RI.  His DD Forms 214 for the periods ending 22 December 1977 and 30 June 1980 also reflect a DOB of
2 April 1940; however, there was no provision for entering a Soldier's place of birth on these two DD Forms 214.

5.  In January 2003, the applicant applied to this Board requesting correction of his DOB in his records to reflect 3 October 1938.  Officials at the Army Review Board Support Agency Division in St. Louis, MO administratively corrected his DOB using a copy of his U.S. Passport to change his DOB in his records.  It is noted that the applicant provided no explanation for the change in his DOB at that time.

6.  The applicant provides an un-translated copy of his birth certificate from Mexico which indicates that he was born in Mexico on 3 October 1938.

7.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214.  This regulation has historically stated that information contained on the DD Form 214 will be taken from the Soldier’s personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his place of birth on his DD Forms 214 should be changed from Providence, RI to Mexico City, Mexico.

2.  At the time the applicant enlisted on 3 April 1958, he indicated that his place of birth was Providence, RI and he served all of his military service contending that his place of birth was Providence, RI.

3.  Although the applicant has provided an un-translated birth certificate showing that he was born in Mexico City, Mexico, he has provided no explanation as to why he claimed that he was born in Providence, RI when he initially enlisted in the Army and throughout his career.

4.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the place of birth under which he served.  The Army has an interest in maintaining the integrity 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.  While it is understandable the applicant desires to now record his actual place of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

5.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his place of birth, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the place of birth recorded in his military records and to satisfy his desire to have his actual place of birth documented in his OMPF.

6.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20090018181



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ABCMR Record of Proceedings (cont)                                         AR20090018181



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