IN THE CASE OF:	  

		BOARD DATE:  16 October 2012

		DOCKET NUMBER:  AR20120006113 


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 correct place of birth.

2.  The applicant states he was born in St. Croix Falls, WI not St. Clair, WI.

3.  The applicant provides 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 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 17 June 1970 and was honorably released from active duty on 17 March 1973.  Item 8 (Place of Birth) of his DD Form 214 list his place of birth as St. Claire, WI.

3.  During his entrance processing he completed a DD Form 398 (Statement of Personal History) and he listed St. Croix Falls, WI as his place of birth.

4.  The applicant provides an official copy of his birth certificate that lists his place of birth St. Croix Falls, WI.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show St. Croix Falls, WI as his place of birth.

2.  The evidence clearly shows he listed St. Croix Falls, WI as his place of birth during his entrance processing; therefore, it can be presumed that an administrative error occurred in the completion of his DD Form 214.  It would be appropriate to correct his DD Form 214 to show the correct place of birth.

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 amending item 8 of his DD Form 214 to show his place of birth as St Croix Falls, WI.




      __________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)                                         AR20120006113





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ABCMR Record of Proceedings (cont)                                         AR20120006113



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