IN THE CASE OF:	  

		BOARD DATE:  5 July 2012

		DOCKET NUMBER:  AR20120000246 


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 8 (Place of Birth – City and State or County) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was born in Oregon instead of Georgia.

2.  The applicant states he was born in Oregon and not in Georgia as evidenced by his birth certificate.

3.  The applicant provides copies of 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 16 September 1969 in Portland, Oregon.  The DD Form 398 (Statement of Personal History) he completed on 26 August 1969 shows his place of birth as Pendleton, Oregon.

3.  On 15 October 1969, a DD Form 1584 (National Agency Check) was completed on the applicant and shows his place of birth as Pendleton, Oregon.

4.  The applicant went on to complete his training as a light weapons infantryman.

5.  He was honorably released from active duty on 17 August 1971 as an overseas returnee and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 10 months, and 13 days of total active service.

6.  Item 8 of the applicant's DD Form 214 shows his place of birth as Pendleton, Georgia.

7.  The applicant submits a copy of his birth certificate which shows he was born in Umatilla County, Oregon.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  The place of birth shown on his DD Form 214 is clearly incorrect as currently reflected.  His DD Form 398, DD Form 1584, and birth certificate all show he was born in Oregon.  His DD Form 214 should be corrected to show he was born in Oregon instead of Georgia.


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 item 8 of his DD Form 214 to show he was born in Pendleton, Oregon, instead of Georgia.



      _______ _   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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20120000246



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