IN THE CASE OF: BOARD DATE: 29 October 2013 DOCKET NUMBER: AR20130004019 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) for the period ending 22 January 1964 to show his place of birth as Port Huron, MI, instead of Honolulu, HI. 2. He states his DD Form 214 for another period of service reflects his correct place of birth. 3. He provides his DD Form 214 for the period ending 22 January 1964 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 9 October 1961. He was honorably discharged on 22 January 1964 for immediate reenlistment. He reenlisted in the Regular Army the following day. 3. Item 5 (Place of Birth) of his DD Form 214 for the period ending 22 January 1964 lists his place of birth as Honolulu, HI. 4. Numerous documents contained in his records list his place of birth as Port Huron, MI. These documents include: * DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 3 October 1961 * DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 9 October 1961 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 for the period ending 29 September 1969 5. He provided his State of Michigan birth certificate that lists his birthplace as Port Huron Hospital, Port Huron. 6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: It appears the applicant's place of birth was listed as Port Huron, MI, throughout his military service. His enlistment record, DD Form 373, and his birth certificate confirm his place of birth as Port Huron, MI. Therefore, he is entitled to correction of his DD Form 214 for the period ending 22 January 1964 to show his place of birth as Port Huron, MI. 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 his DD Form 214 for the period ending 22 January 1964 to show his place of birth as Port Huron, MI. _______ _ 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) AR20130004019 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130004019 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1