IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150008604 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150008604 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 10 of his DD Form 214 to show his date of birth as and b. amending item 11 of his DD Form 214 to show his place of birth as Williamsburg, Iowa. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 11 of his DD Form 214 to show his place of birth as York Township in Iowa County. _______ _ _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: 22 March 2016 DOCKET NUMBER: AR20150008604 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 (Report of Separation from the Armed Forces of the Unites States) to show his date of birth (DOB) as and his place of birth (POB) as York Township, Iowa County. 2. The applicant states: * the DOB shown on his DD Form 214 is the same year as his discharge from the service * he was born in York Township in Iowa County 3. The applicant provides: * DD Form 214 * 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's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. His DD Form 214 shows he was inducted into the Army of the United States on 9 December 1953 in Des Moines, Iowa. He was honorably released from active duty on 8 December 1955 at Fort Bliss, Texas. His DD Form 214 contains the following entries: * item 10 (DOB) – * item 11 (POB – City and State) – Iowa City, Iowa 4. He provided a certified State of Iowa County Record Certificate of Live Birth issued on 7 May 2015 showing his DOB as and his POB as: * County – Iowa * City, Town, or Location – Williamsburg * Facility or Residence – York Township DISCUSSION: 1. The evidence of record supports the applicant's contention that the DOB shown on his DD Form 214 is incorrect. His DD Form 214 shows he was born on , 7 months prior to his release from active duty on 8 December 1955. 2. He contends he was born on and his birth certificate supports his contention. 3. His request to change his POB to York Township in Iowa County was noted. However, the city and state are entered in item 11 of the DD Form 214 and the birth certificate he provided shows he was born in the city of Williamsburg in the state of Iowa. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) 20150008604 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008604 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2