IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100028126


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 Item 7b (Home of Record (HOR)) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he is from Port Jefferson, NY, not NJ.

3.  The applicant provides a copy of his DD Form 214.

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.  The applicant enlisted in the Regular Army for 4 years on 22 April 1992.  His DD Form 4/1 (Enlistment/Reenlistment Document) shows his HOR as Port Jefferson, NY 11777.

3.  The applicant's DD Form 214 erroneously shows his HOR in Item 7b as "Port Jefferson, NJ 11777."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his HOR on his DD Form 214.

2.  The applicant's DD Form 214 contains a typographical error in Item 7b.  It lists his state as NJ.  There is no Port Jefferson, NJ.  The ZIP code of "11777" is for Port Jefferson, NY.  The applicant's DD Form 4/1 shows Port Jefferson, NY.

3.  The applicant's DD Form 214 should be corrected.

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 showing his HOR in Item 7b of his DD Form 214 as Port Jefferson, NY 11777.




      ____________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)                                         AR20100028126



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ABCMR Record of Proceedings (cont)                                         AR20100028126



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