ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  29 October 2019

	DOCKET NUMBER:  AR20180007831


APPLICANT REQUESTS:  his place of birth be changed on his DD Form 214 (Armed forces of the United Sates Report of Transfer or Discharge).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Certificate of Birth Registration
* DD Form 214 

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 (ABCMR) 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 his place of birth on his DD Form 214 is listed as White Plains, NY.  He was born in Tarrytown, NY and wants it corrected.

3.  The applicant provides:

* his certificate of birth which shows his place of birth at 
* his DD Form 214 period ending 27 August 1971 which shows in item 8 (Place of Birth) 

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army (RA) on 30 August 1968.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows in item 23 (Place of Birth) as  which he authenticated with his signature.

	b.  He served in Vietnam from 10 May 1969 – 11 April 1970.

	c.  His DA Form 20 (Enlisted Qualification Record) shows in item 20 (Birthplace and Citizenship) as  which he authenticated with his signature.

	d.  He was honorably discharged on 27 August 1971.  His DD Form 214 item 8 shows his place of birth as .

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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was warranted.  The applicant provided a birth certificate to support the requested place of birth.  His certificate of birth which shows his place of birth at .  His DA Form 20 also shows he was born in .  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded granting the requested relief was appropriate.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

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 27 August 1971 to show in Block 8 the Tarrytown, NY.
	 
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 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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180007831


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