IN THE CASE OF:  

		BOARD DATE:  21 April 2016

		DOCKET NUMBER:  AR20150010477


BOARD VOTE:

____x____  ___x___  ___x____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration


		IN THE CASE OF:  

		BOARD DATE:  21 April 2016

		DOCKET NUMBER:  AR20150010477


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 place of birth from his DD Form 214 and replacing this entry with the place of birth shown on his DD Form 398.



                                    __________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.


		IN THE CASE OF:  

		BOARD DATE:  21 April 2016

		DOCKET NUMBER:  AR20150010477


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 item 5 (Place of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to read Harrisonburg, Louisiana.

2.  The applicant states his place of birth is Harrisonburg, Louisiana, not Harrisburg, Pennsylvania.

3.  The applicant provides no additional evidence.

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 January 1963 for a period of 3 years.  Item 16 (Place of Birth) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) shows Harrisburg, Pennsylvania.

3.  His records contain the following documents showing his place of birth as Harrisonburg, Louisiana:

* DD Form 398 (Statement of Personal History), dated 4 March 1963
* DA Form 20 (Enlisted Qualification Record), item 20 (Birthplace and Citizenship)

4.  On 5 November 1965, he was honorably released from active duty.

5.  Item 5 of his DD Form 214 shows his place of birth as Harrisburg, Pennsylvania.

REFERENCES:

Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The general instructions stated all available records will be used as a basis for preparation of the DD Form 214.

DISCUSSION:

Notwithstanding the applicant's DD Form 4 which shows his place of birth as Harrisburg, Pennsylvania, he contends his place of birth is Harrisonburg, Louisiana, and his DD Form 398 and DA Form 20 support his contention.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	@#!CASENUMBER



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150010477



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2