IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140019719
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 (Certificate of Release or Discharge from Active Duty) for the period ending 22 June 1984 to show his year of birth (YOB) as 1952 instead of 1950. He also requests, in effect, correction of an unspecified record to show his place of birth (POB) is Monterey, Mexico, vice Monterey, California.
2. The applicant states his YOB is incorrectly listed on his DD Form 214. In addition, his place of birth is Monterey, Mexico not Monterey, California.
3. The applicant provides:
* 2 copies of his DD Form 214 for the period ending 22 June 1984
* Claim Transmittal Cover Page
* Certificate of Citizenship
* Certificate of Birth
* Decree Changing Name of Adult
* 2 letters from the Social Security Administration
* Statement of Events
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 12 September 1969. His record contains his DD Form 4 (Enlistment Contract - Armed Forces of the United States) which lists his date of birth (DOB) as 7 September 1952 and his POB as Monterey, Mexico.
3. On 22 June 1984, the applicant was honorably discharged due to physical disability with severance pay. The DD Form 214 he was issued at that time shows his DOB as 7 September 1950. This DD Form 214 does not contain a block for POB.
4. A review of his record failed to reveal any documents showing his POB as Monterey, California.
5. The applicant provides documents to include his Certificate of Birth and Certificate of Citizenship which list his DOB as 7 September 1952 and his POB as Mexico.
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's record contains his enlistment contract which lists the YOB and POB he states are correct. It appears that an administrative error occurred when his YOB was recorded on his DD Form 214 for the period ending 22 June 1984. Therefore, it is recommended this DD Form 214 should be corrected to show his YOB as it is listed on his DD Form 4.
2. A review of his record failed to reveal any documents listing his POB as Monterey, California. It appears there is no correction to make with regard to his POB. If the applicant has Army records in his possession that incorrectly list his POB, he may submit those records with a request for reconsideration.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 5 (DOB) of his DD Form 214 for the period ending 22 June 1984 and replacing it with the DOB shown on his DD Form 4.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to POB.
_______ _ _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) AR20140019719
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ABCMR Record of Proceedings (cont) AR20140019719
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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