ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                  IN THE CASE OF: 

                  BOARD DATE:  5 September 2019

                  DOCKET NUMBER:  AR20190007004


APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 1 February 1965 to show 
the following:

*	item 5 (Place of Birth (POB)) – "XXXX XXXX" instead of "XXXXX XXXX"
*	item 6 (Date of Birth (DOB)) – "XXXXXX" instead of "XXXXXX"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	State of Tennessee Office of Vital Records 
*	DD Form 214

FACTS: 

1.  While it appears the applicant did not file within the time frame provided in the statute 
of limitations, the Army Board for Correction of Military Records (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 states his POB and DOB were entered incorrectly on his DD Form 214 
on a new DD Form 214, which replaced a lost DD Form 214.  His correct POB is 
"XXXXXXXXXXX vice "XXXXX, XXXX" and his correct DOB is XXXXXXX” vice “XX 
XXXXXXX.”

3.  His DD Form 47 (Record of Induction) shows he was inducted into the Army of 
United States on 4 June 1964.  This form shows the following information:

*	item 5 (DOB) reflects "XXXXXX"
*	item 11 (POB) reflects "XXXXX."

4.  All of the documents in his military record, including his DD Form 214, reflect his 
POB as "XXXXXXXXXX" and DOB as "XXXXXXXXXXX." 

5.  Army Regulation 635-5 (Separation Documents), prescribes policies and procedures 
for the completion of the DD Form 214.  The DD Form 214 is a historical document that 
should reflect the record as it existed at the time the DD Form 214 was created.  His DD 
Form 214 reflects his POB as “Indianapolis, Indiana” and his DOB reflects the date 
"XXXXXXXXX."  

6.  The applicant provides a copy of his birth certificate, which shows his POB as XXXX 
(county), XXX (city)" and his DOB as "XXXXXX."

BOARD DISCUSSION:

1. The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
induction, the location of induction, the 2006 Delayed Certificate of Birth he provided, 
and the DOB and POB listed on his DD Form 214.  Based upon a preponderance of 
evidence, the Board determined that an error had occurred and that a correction of the 
applicant’s DD Form 214 was required.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	 :X	 :X	FULL GRANT

:	 :	 :	PARTIAL GRANT

:	 :	 :	FORMAL HEARING GRANT

:	 :	 :	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 the applicant’s 
DD Form 214 for the period of service ending 1 February 1965 as follows:

-	item 5 (Place of Birth) – XXXX, XXXXX vice XXXXXX, XXXXand;
-	item 6 (Date of Birth) – XXXXXX vice XXXXXX.


												 
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.


ADMINISTRATIVE NOTES(S): 

Not Applicable.


REFERENCES:

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.

2.  Army Regulation 635-5 prescribed the separation documents prepared for Soldiers 
upon retirement, discharge, or release from active military service or control of the 
Army.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of 
continuous active service.  It provides a brief, clear-cut record of active Army service at 
the time of release from active duty, retirement, or discharge.  It provided for the entry of 
the Soldier's POB in item 5 and DOB in item 6.
ABCMR Record of Proceedings (cont)                                                  AR20190007004
	 	
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