ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20170007777 * APPLICANT REQUESTS: his city of birth changed from Torrington, WY, to South Torrington, WY on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * State of Wyoming Standard Certificate of Live Birth FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 he never had an official birth certificate until recently. He called the state and was informed it read “South Torrington”, because even though it is not incorporated, it is considered “A Place.” He feels the record should be corrected since an accurate birth certificate is very important. He also noted, he was on reserve duty when service numbers were dropped and only social security numbers were used. 3. The applicant provides a certified copy of his Standard Certificate of Live Birth from the state of Wyoming that shows the following information: * Box 1 (Place of Birth) South Torrington * Box 3 (Full Name of Child) X___ X____ X___ * Box 7 (Date of Birth) x2-x7-x3 4. A review of the applicant’s service record shows the following information: a. He enlisted in the Colorado Army National Guard (ARNG) on 30 October 1966. b. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows: * Block 16 (Place of Birth) Torrington, Wyoming * Block 32 (Prior Service) ARNG from 21 January 1966 to 29 October 1966 c. On 16 March 1967, Special Orders Number 55, issued by the State of Colorado, Adjutant General’s Office, in Denver, CO, show he was ordered to active duty for training (ACDUTRA). His report date was 1 April 1967. d. His DD Form 214 shows in: * Block 2 (Service Number) NG XX XXX XX4. * Block 8 (Place of Birth) Torrington, Wyoming * Block 9 (Date of Birth) XX XX XXXXBlock 10b (Selective Service Local Board) Torrington, Wyoming * Block 11a (Type of Transfer or Discharge) Release to ARNG of Colorado * Block 13a (Character of Service) Honorable * Block 22a(1) (Net Service this Period) 0 years, 4 months, and 0 days 5. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 6. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. He entered military service using the contested place of birth, and it was not changed prior to his discharge. The Board agreed records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the place of birth in his military records and to satisfy his desire to have his place of birth documented in his military records. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X 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 three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 8 (Place of Birth) is described as self-explanatory. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007777 4 1