IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130015567
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 (Report of Separation from the Armed Forces of the United States) to show his correct place of birth (POB).
2. The applicant states his POB is "Albion, Nebraska," not "Albion, Iowa."
3. The applicant provides a copy of his notification of birth registration and
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 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. U.S. Army and U.S. Air Force Recruiting Service and Recruiting Station, Council Bluffs, Iowa, letter, dated 6 January 1951, shows the station commander requested a criminal records check pertaining to the applicant. It also shows he indicated the applicant's POB was "Albion, Nebraska."
3. The applicant enlisted in the Regular Army on 12 January 1951 for a period of 3 years. Item 12 (POB) of his enlistment record shows the entry "Albion, Iowa."
4. His DA Form 20 (Qualification Record - Enlisted Personnel) shows in item 14 (POB) the entry "Albion, Nebraska."
5. The applicant's DD Form 214 shows he was honorably discharged from active duty on 11 January 1954. Item 11 (POB) shows the entry "Albion, Iowa."
6. In support of his application, the applicant provides a copy of a U.S. of America, Department of Commerce, Bureau of the Census, Notification of Birth Registration, File Number 4365, which shows he was born in "Albion Nebraska."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's POB is "Albion, Nebraska" and that his POB was correctly recorded on his DA Form 20 and in other documents in his military service records. Thus, it appears the applicant's POB was incorrectly recorded on his DD Form 214 due to an administrative error. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct POB.
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 deleting the entry in item 11 of his DD Form 214 and replacing it with the place of birth that is shown on his Notification of Birth Registration.
_______ _ 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) AR20130015567
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ABCMR Record of Proceedings (cont) AR20130015567
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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