IN THE CASE OF:
BOARD DATE: 18 August 21
DOCKET NUMBER: AR20150000747
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 (POB) as Texas.
2. The applicant states his POB is San Diego, Texas, not San Diego, California.
3. The applicant provides:
* birth certificate
* spouse's death 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 was inducted into the Army of the United States on 9 June 1969. His DD Form 47 (Record of Induction) shows his POB as San Diego, Texas.
3. On 2 June 1971, he was honorably released from active duty.
4. Item 8 (POB) of his DD Form 214 shows his POB as San Diego, California.
5. He subsequently served in the Texas Army National Guard from September 1971 to September 1975. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows his POB as San Diego, Texas.
6. He provided his birth certificate which shows his POB as San Diego, Texas.
DISCUSSION AND CONCLUSIONS:
The entry on the applicant's DD Form 47 which shows his POB as San Diego, Texas, is accepted as sufficient evidence on which to amend item 8 of his DD Form 214.
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
deleting the current entry in item 8 of his DD Form 214 and replacing it with the entry "San Diego, Texas."
____________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) AR20150000747
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150000747
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