BOARD DATE: 22 October 2015
DOCKET NUMBER: AR20150004330
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 city of birth as Lafayette instead of Battleground.
2. The applicant states, in effect, what is currently shown is wrong.
3. The applicant provides his DD Form 214 for the period ending 17 December 1971 and a 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's records show he was inducted into the Army of the United States on 18 February 1970.
3. He was honorably released from active duty on 17 December 1971. The city of his birth, as shown in item 8 (Place of Birth) on his DD Form 214, is Battleground.
4. His military record contains three documents which list the city of his birth as Lafayette: DA Form 20 (Enlisted Qualification Record), DD Form 398 (Statement of Personal History), and DD Form 369 (Armed Forces Police Record Check).
5. He provides his birth certificate which shows the city of his birth as Lafayette.
DISCUSSION AND CONCLUSIONS:
The evidence in the applicant's record indicates the city of his birth was listed as Lafayette during his military service. It is reasonable to conclude that an administrative error was made when recording the applicant's city of birth on his DD Form 214. It would be appropriate to correct his DD Form 214 to show his city of birth as listed on his birth certificate.
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 to show the city of his birth as listed on his birth certificate.
_______ _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) AR20150004330
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ABCMR Record of Proceedings (cont) AR20150004330
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