RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050003437


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Patrick H. McGann Jr.         |     |Member               |
|     |Mr. Larry J. Olson                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his mailing address after
separation on his DD Form 214 (Certificate of Release or Discharge from
Active Duty), with a separation date of 26 July 1984, be changed to read:
501 West 60th Place,
2nd Floor Apartment, Chicago, Illinois.

2.  The applicant states, in effect, that he cleared the Army in Oakland,
California, and visited friends and relatives while in California and then
returned to Chicago.
3.  The applicant provides no evidence or documentation in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 July 1984, the date of his release from active duty.  The
application submitted in this case is dated 24 January 2005 and was
received on 9 March 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he enlisted in the Regular
Army on 28 July 1981 for a  period of 3 years.  He successfully completed
basic combat and advanced individual training and was awarded the military
occupational specialty 16R10 (air defense artillery short range gunnery
crewman).  The highest grade held by the applicant was sergeant/pay grade E-
5.

4.  On 26 July 1984, the applicant was released from active duty and
transferred to the U.S. Army Reserve (USAR).  He had completed 2 years, 11
months, and 29 days of active service that was characterized as honorable.

5.  Item 19 (Mailing Address After Separation) of the applicant's DD Form
214 contains the address: 2020 Southwest Exp #128, San Jose, California
95126.  The DD Form 214 was signed by the applicant.

6.  Army Regulation 635-5 (Separation Documents), then in effect,
established the standardized policy for preparing and distributing the DD
Form 214.  This regulation provides that Item 19 of the DD Form 214
contains the mailing address and county of residence furnished by the
individual at the time of separation.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity. The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the mailing address on his DD Form 214 is
incorrect because he subsequently moved back to Chicago.

2.  It reasonable to assume the mailing address in Item 19 of the
applicant's
DD Form 214 was provided by the applicant.  The applicant's signature on
the DD Form 214 verifies the entry on the DD Form 214 as correct.

3.  Although the applicant may have moved back to Chicago sometime after he
was separated, this does not make the mailing address at the time of his
separation incorrect.

4.  Based on the evidence above, the mailing address contained in Item 19
of the applicant's DD Form 214 is determined to be correct.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 July 1984, the date of his release
from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 25 July 1987.  The
applicant did not file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jns___  ___phm_  ____ljo __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  __________John N. Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003437                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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