IN THE CASE OF: BOARD DATE: 16 July 2021 DOCKET NUMBER: AR20210006858 APPLICANT REQUESTS: correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his place of birth as APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 effective 13 July 1961 * birth certificate FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states this city of his birth is incorrect. It reads “C”. He was actually born in the town of O____ in C County. There is a town by the name of C,. He requests the correction to avoid any difficulty confirming his identity for future benefits claims. 3. The applicant was examined for the purpose of induction on 12 June 1985. The corresponding Standard Form (SF) 88 (Report of Medical Examination) shows in item 13 (Place of Birth), O, . A SF 89 (Report of Medical History), also dated 12 June 1958, shows in item 13 (Place of Birth), O, . 4. The applicant was inducted into the Army of the United States on 14 July 1959. Item 12 (Place of Birth) of his DD Form 47 (Record of Induction) shows C, . 5. The applicant was examined for the purpose of separation on 2 May 1961. The corresponding SF 88 and SF 89 each show his place of birth as C, . 6. The applicant was honorably released from active duty on 13 July 1961. His DD Form 214 shows in item 5 (Place of Birth), C, . 7. A SF 88 dated 29 October 1961 shows the applicant’s his place of birth as O, . 8. The applicant was examined for the purpose of separation on 1 June 1962. The corresponding SF 88 and SF 89 each show his place of birth as C, . 9. The applicant was honorably released from active duty on 6 August 1962. His DD Form 214 shows in item 5 (Place of Birth), C, . 10. A SF 88 dated 29 October 1962 shows the applicant’s his place of birth as O, . 11. The applicant provided a copy of his birth certificate that shows his place of birth as C County, . 12. Army Regulation (AR) 635-5 (Personnel Separations – Administrative Separation Procedures and Forms) establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation form the military service of commissioned officers, warrant officers, and enlisted personnel. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the information reflected on the applicant’s birth certificate, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s place of birth. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, 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 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. 2. Army Regulation (AR) 635-5 (Personnel Separations – Administrative Separation Procedures and Forms) establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation form the military service of commissioned officers, warrant officers, and enlisted personnel. Appendix III (Instructions for the Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) for all Officers, Warrant Officers and Enlisted Personnel), provides the purpose and general instruction for preparation of the DD Form 214. a. Paragraph 1.b.(1) states all available records will be used as a basis for the preparation of DD Form 214a (Worksheet), including DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. b. Paragraph 1.e.(7) for items 5 and 6, states: “Self-explanatory”. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006858 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1