IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150011094 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: 3 May 2016 DOCKET NUMBER: AR20150011094 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 from item 8 of his DD Form 214 the entry "Bedford, Louisiana" and adding the entry "Benton, Louisiana." ____________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: 3 May 2016 DOCKET NUMBER: AR20150011094 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) to show his place of birth (POB) as "Benton, Louisiana" instead of "Bedford, Louisiana." 2. The applicant states his DD Form 214 shows an incorrect POB. He needs his birth certificate to get a Texas driver’s license. The State of Louisiana will not issue him a birth certificate because his DD Form 214 shows an incorrect POB. 3. The applicant provides his DD Form 214, Standard Form 88 (Report of Medical History), and a VA Form 21-526 (Veterans Application for Compensation and Pension). 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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his POB as "Benton, Louisiana." He authenticated this form with his signature. 3. He was inducted into the AUS on 14 August 1970. His DD Form 47 (Record of Induction) shows his POB as "Benford, LA" in Item 11 (POB). 4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his POB as "Benton, LA." He authenticated this form at a later date by placing his signature in the appropriate block. 5. On 10 March 1972, he completed a DA Form 41 (Record of Emergency Data) that shows his POB as "Benford, LA." However, several other documents in his service record show his POB as "Benton, LA," these documents include an Armed Forces Fingerprint Card and a DD Form 1584 (National Agency Check Request). 6. He was honorably released from active duty on 10 April 1972. Item 8 (POB) of his DD Form 214 shows his POB as "Bedford, Louisiana." 7. He provides a VA claim and a Standard Form 88, both listing his POB as "Benton, LA." REFERENCES: Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his/her military service. DISCUSSION: Upon his induction in the AUS, the applicant listed his POB as "Benton, Louisiana" on his DD Form 398. Several other documents in his service records list a POB that is consistent with the POB he listed on his DD Form 398. It appears his DD Form 214 lists an incorrect POB and should be corrected to show his POB as "Benton, Louisiana." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011094 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011094 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2