IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110017453
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 his place of birth, determined to refer to Item 8 (Place of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be changed to Stafford County, VA instead of Arlington, VA.
2. The applicant states his place of birth is in error because he was born in Stafford County, VA.
3. The applicant provides six affidavits from people he knows.
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. He was inducted into the Army of the United States on 7 July 1969. Item 11 (Place of Birth) on his DD Form 47 (Record of Induction) shows his place of birth as Arlington, VA.
3. A DD Form 1584 (National Agency Check Request), completed on
2 December 1969, shows his place of birth as Arlington, VA.
4. He was released from active duty on 16 June 1971. Item 8 of his DD Form 214 shows his place of birth as Arlington, VA.
5. A court document from the Circuit Court of the County of Prince William in the matter of the applicant changing his name shows his place of birth as Arlington, VA. This document was entered and signed by a judge on 19 July 1978.
6. He submitted six affidavits from people he knows.
a. An affidavit, dated 21 June 2007, attests to the identity of his parents.
b. Two affidavits, dated 31 January 2010, attest to the identity of his parents and that the midwife forgot to file the birth papers on the applicant.
c. An affidavit, dated 20 June 2011, stated the individual had known the applicant since the days of their childhood. He also stated that to his knowledge the applicant was born and raised in Stafford County.
d. Two affidavits, dated 6 June 2007 and 22 June 2007, attest to the fact the applicant attended Stafford County schools.
DISCUSSION AND CONCLUSIONS:
1. All of the affidavits submitted by the applicant attest to the fact the applicant lived and went to school in Stafford County, VA. However, none of the affiants mention where he was born or whether they were present during his birth.
2. The DD Form 47, DD Form 1584, and his DD Form 214 all show his place of birth as Arlington, VA. The court document to change his name was entered
7 years after his release from active duty and shows his place of birth as Arlington, VA.
3. In view of the above, there is an insufficient basis to grant relief in this case.
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) AR20110017453
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017453
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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