IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150002123
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 his place of birth (POB) in Item 8 (POB) of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to Pana, IL instead of Decatur, IL.
2. The applicant states his POB is in error because it does not match his
DD Form 214 or his birth certificate and he needs it corrected in order to correct other records.
3. The applicant provides copies of his DD Forms 214 and 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 14 March 1968, the applicant enlisted in the Regular Army.
3. The applicants DD Form 4 (Enlistment Contract Armed Forces of the United States), item 23 (POB) shows his POB as Pana, IL.
4. On 15 December 1969, he was honorably released from active duty. Item 8 of his DD Form 214 shows his POB as Decatur, IL.
5. On 16 December 1969, he immediately reenlisted, and on 2 March 1971, he was separated with a general discharge. Item 8 of his final DD Form 214 shows his place of birth as Pana, IL.
6. The applicant submitted a copy of his birth certificate from the Huber Memorial Hospital at Pana, IL which lists his POB as Pana, IL.
DISCUSSION AND CONCLUSIONS:
1. The applicants official records, to include his DD Form 4, show that his POB is Pana, IL and not Decatur, IL.
2. His final DD Form 214, item 8, dated 2 March 1971, lists his POB as Pana, IL.
3. The POB he states is correct was recorded in his records. It would be appropriate to grant the requested relief.
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
correcting his DD Form 214 for the period ending 15 December 1969 by replacing the entry in item 8 with Pana, IL.
_____________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) AR20110017453
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150002123
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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