IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130003521
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) to show his place of birth as East Chicago, IN.
2. The applicant states he was born in East Chicago, IN, not East Chicago, IL.
3. The applicant provides a copy of his birth certificate.
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 completed a DD Form 398 (Statement of Personal History) on 13 November 1970 in conjunction with his enlistment in the Regular Army in which he listed his place of birth as East Chicago, IN.
3. He enlisted in the Regular Army on 13 November 1970. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his place of birth as East Chicago, IN.
4. He was released from active duty on 1 June 1972. Item 8 (Place of Birth) of his DD Form 214 shows East Chicago, IL.
5. He provides a copy of his birth certificate which shows his place of birth as East Chicago, IN.
6. Army Regulation 635-5 (Separations Documents) 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 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his place of birth as East Chicago, IN, has been carefully considered and determined to have merit.
2. His DD Form 398, DD Form 4, and birth certificate show his place of birth as East Chicago, IN. Therefore, it is evident that an error was made in the preparation of his DD Form 214.
3. Based on the foregoing, it would be appropriate to correct his DD Form 214 to show his place of birth as East Chicago, IN.
BOARD VOTE:
___X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 replacing the current entry in item 8 of his DD Form 214 with the entry "East Chicago, IN."
__________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) AR20130003521
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ABCMR Record of Proceedings (cont) AR20130003521
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