IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130004019
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) for the period ending 22 January 1964 to show his place of birth as Port Huron, MI, instead of Honolulu, HI.
2. He states his DD Form 214 for another period of service reflects his correct place of birth.
3. He provides his DD Form 214 for the period ending 22 January 1964 and 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 enlisted in the Regular Army on 9 October 1961. He was honorably discharged on 22 January 1964 for immediate reenlistment. He reenlisted in the Regular Army the following day.
3. Item 5 (Place of Birth) of his DD Form 214 for the period ending 22 January 1964 lists his place of birth as Honolulu, HI.
4. Numerous documents contained in his records list his place of birth as Port Huron, MI. These documents include:
* DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 3 October 1961
* DD Form 4 (Enlistment Record Armed Forces of the United States), dated 9 October 1961
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 for the period ending 29 September 1969
5. He provided his State of Michigan birth certificate that lists his birthplace as Port Huron Hospital, Port Huron.
6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears the applicant's place of birth was listed as Port Huron, MI, throughout his military service. His enlistment record, DD Form 373, and his birth certificate confirm his place of birth as Port Huron, MI. Therefore, he is entitled to correction of his DD Form 214 for the period ending 22 January 1964 to show his place of birth as Port Huron, MI.
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 amending his DD Form 214 for the period ending 22 January 1964 to show his place of birth as Port Huron, MI.
_______ _ 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) AR20130004019
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130004019
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130005641
Application for correction of military records (with supporting documents provided, if any). Based on the foregoing, it would be appropriate to correct item 6 of his DD Form 214 to show his DOB as 30 January 1944. __________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.
ARMY | BCMR | CY2014 | 20140005280
Application for correction of military records (with supporting documents provided, if any). All of the following documents in his Military Personnel Records Jacket (MPRJ) show the year of his DOB as "1941": * AGPZ Form 109-1 (Request for Statement of Service), dated 22 September 1961 * DD Form 214, for the period ending 19 October 1959 * DD Form 47 (Record of Induction), dated 5 January 1961 * DD Form 214, for the period ending 20 February 1961 * DD Form 4 (Enlistment Record - Armed Forces...
ARMY | BCMR | CY2012 | 20120007878
ARMY | BCMR | CY2001 | 2001055843C070420
The applicant, who is the sister of the former service member (FSM), requests that the FSM’s home of record (HOR) be changed to reflect that his permanent address was Honolulu, Hawaii (at the street address shown on the application) at the time of his death. Inasmuch as it appears there are no benefits that will accrue to the FSM as a result of correcting his HOR, other than the extension of future memorialization activities to a former Hawaiian soldier, the Board is of the opinion that...
ARMY | BCMR | CY2013 | 20130016409
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge and Report of Separation from Active Duty) to show his date of birth (DOB) as XX August 1939 vice XX February 1938. His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his DOB as XX February 1938.
ARMY | BCMR | CY2013 | 20130005657
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 28 June 1971 to show in Item 9 (Date of Birth (DOB)) his year of birth as 1947 vice 1946. The applicant states upon entry into the Army, the recruiting official placed his year of birth as 1946 so he could join the Army. His year of birth is consistent with the year of birth on all official military records throughout his entire military service.
ARMY | BCMR | CY2007 | 20070014921
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 20 September 1947; to show award of the Iron Curtain Medal (correctly known as the Cold War Recognition Certificate), the Driver Badge, and the Purple Heart; to show he served 3 years in Stuttgart, Germany, 9 months in Berlin, Germany, and 4 months in Vietnam for a total of 4 years and 1 month of foreign service; and in effect, that he be...
ARMY | BCMR | CY2012 | 20120021750
Several other documents in his service record listed his name as "D____ D____ E____," including a: * DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 13 November 1961 * Standard Form 88 (Report of Medical Examination), dated 15 November 1961 * Standard Form 89 (Report of Medical History), dated 15 November 1961 * DA Form 41 (Record of Emergency Data), dated 29 December 1961 * Special Court-Martial Order Number 15, issued by Headquarters, 1st Tank Battalion, 77th Armor,...
ARMY | BCMR | CY2006 | 20060011780
The letter requested that this particular headquarters be authorized to correct the applicants DD Form 4, dated 7 September 1961. The evidence of record shows the applicant completed 3 years of honorable service from 14 September 1960 through 13 September 1963 and was promoted to specialist four. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 5 September 1964 to show the...
ARMY | BCMR | CY2012 | 20120010503
The applicant requests correction of his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge) for the period ending 23 February 1965 to show award of the: * National Defense Service Medal (NDSM) * Armed Forces Expeditionary Medal (AFEM) * Army Commendation Medal (ARCOM) 2. Attached to this citation is an undated/unsigned statement wherein the author, presumably the applicant, states he was recommended for award of the ARCOM by his commanding officer but the...