IN THE CASE OF:  	  

		BOARD DATE:  2 December 2014	  

		DOCKET NUMBER:  AR20140006362 


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 date of birth (DOB) as 16  instead of 18  and to show the spelling of his place of birth as "Pawtucket" instead of "Pantucket."

2.  He states, in effect, his DOB and place of birth were typed in error.

3.  He provides his DD Form 214 and 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 30 September 1960.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) lists his DOB as 18  and his place of birth as "Pawtucket, RI."  During enlistment processing, he completed a DD Form 93 (Record of Emergency Data) which shows his DOB as 16 .

3.  His DA Form 20 (Enlisted Qualification Record) shows his DOB as 16 .

4.  He was honorably released from active duty on 10 September 1963.  The DD Form 214 issued for this period shows his place of birth as "Pantucket Rhode Island" in item 5 (Place of Birth (City and State or Country)) and his DOB as 18  in item 6 (DOB).

5.  He provided a copy of his birth certificate which shows he was born in Pawtucket, RI on 16 .

6.  A review of www.pawtucket.com website revealed that Pawtucket is a city at the strategic falls of the Blackstone River and the upper tidewaters of Narragansett Bay.  There is no listing of a city named Pantucket in the state of Rhode Island.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record includes documents which show his DOB as listed on his birth certificate.  However, his DD Form 214 shows a different DOB.  It appears that an administrative error occurred when his DOB was recorded on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show his DOB as it is recorded on his birth certificate.

2.  The applicant's enlistment contract and evidence of record show his place of birth as Pawtucket, RI and birth certificate both confirm his place of birth as Pawtucket, RI.  However, his DD Form 214 reflects his place of birth as "Pantucket," RI.  Therefore, it would be appropriate to amend his DD Form 214 to show his place of birth as Pawtucket, RI.

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:

	a.  amending item 6 on his DD Form 214 to show his DOB as it is recorded on his birth certificate; and

	b.  amending item 5 of his DD Form 214 to delete the entry "Pantucket Rhode Island" and replacing it with the entry "Pawtucket, Rhode Island."



      ____________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)                                         AR20140006362





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ABCMR Record of Proceedings (cont)                                         AR20140006362



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