IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100010144
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 items 8 (Place of Birth) and 11d (Effective Date) on his DD Form 214 (Report of Transfer or Discharge) be corrected.
2. The applicant states:
* He was born in Stroudsburg, PA not East Stroudsburg, PA
* He was discharged on 5 September 1969 not 5 September 1946
3. The applicant provides:
* Birth certificate
* DD Form 214
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), dated 17 May 1967, shows he was born in Stroudsburg, PA. His permanent mailing address is shown as East Stroudsburg, PA.
3. The applicant's enlistment contract shows he enlisted in the Regular Army on 8 September 1966 for a period of 3 years. He served as an electronic instrument repairman. Orders, dated 21 August 1969, show the applicant would be released from active duty on 5 September 1969.
4. Item 8 on the applicant's DD Form 214 shows the entry "E. [East] Stroudsburg, Pennsylvania." Item 11d on his DD Form 214 shows the entry
"5 Sep 46" [5 September 1946].
5. In support of his claim to amend item 8 on his DD Form 214, the applicant provided a Commonwealth of Pennsylvania Notification of Birth Registration.
DISCUSSION AND CONCLUSIONS:
1. The entry on the applicant's DD Form 398 which shows he was born in Stroudsburg, PA is accepted as sufficient evidence on which to amend item 8 on his DD Form 214.
2. Evidence of record shows the applicant enlisted in the Regular Army on
8 September 1966 for a period of 3 years and he was released from active duty on 5 September 1969. Therefore, item 11d should be corrected to show his effective date was 5 September 1969 not 5 September 1946.
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:
a. deleting the entry in item 8 on his DD Form 214 and replacing it with "Stroudsburg, Pennsylvania;" and
b. deleting the entry in item 11d on his DD Form 214 and replacing it with
"5 Sep 69."
_______ _ _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) AR20100010144
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100010144
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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