BOARD DATE: March 9, 2010 DOCKET NUMBER: AR20090014769 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 that item 10b (Selective Service Local Board Number (City, County, State, and Zip Code)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show an address in San Antonio, Texas. 2. The applicant states, in effect, that he returned to his home state and he now lives in San Antonio, Texas. He indicates that he can qualify for the Hazelwood Grant if his home of record shows San Antonio, Texas. 3. The applicant provides a copy of his DD Form 214 in support of his application. 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. Item 38 (Selective Service Local Board (Board Number, City, and State)) of the applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the entry "BD NO. 339 SAGINAW, MI." Item 41 (Home of Record) on this contract shows an address in Saginaw, Michigan. 3. The applicant enlisted in the Regular Army on 29 October 1968 for a period of 3 years. He served as a maintenance data specialist in Vietnam from 14 April 1969 to 1 April 1970. He was released from active duty on 2 November 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 4. Item 10a (Selective Service Number) of the applicant's DD Form 214 contains his selective service number. Item 10b of his DD Form 214 shows the entry "LB# [Local Board Number] 339 Saginaw, Michigan." Item 21 (Home of Record at Time of Entry into Active Service) of his DD Form 214 shows an address in Saginaw, Michigan. 5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that in all cases in which the selective service number is recorded in item 10a, enter in item 10b the selective service local board number and the city and state in which located. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he now lives in his home state of Texas was noted. However, the evidence of record shows that his home of record at the time of his enlistment in the Regular Army in 1968 was Saginaw, Michigan. His enlistment contract shows his Selective Service Local Board was 339 in Saginaw, Michigan, which is properly shown in item 10b of his DD Form 214. Therefore, there is no basis for granting the applicant's request to amend item 10b of his DD Form 214. 2. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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. ABCMR Record of Proceedings (cont) AR20090014769 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090014769 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1