RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 July 2006
DOCKET NUMBER: AR20050018224
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 |
| |Ms. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Ms. Carmen Duncan | |Member |
| |Ms. Jeanette McCants | |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 that the ninth digit of his Social Security
Number (SSN) in item 3 (Social Security No.) on his DD Form 214
(Certificate of Release or Discharge from Active Duty) be corrected to show
"6" instead of "0." He also requests that item 19 (Mailing Address After
Separation) on his DD Form 214 be changed.
2. The applicant states, in effect, his SSN is incorrect and he never
lived at the address shown in item 19 on his DD Form 214.
3. The applicant provides no additional evidence in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred
on
18 September 1981. The application submitted in this case is dated
29 November 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 enlisted on 17 March 1977, served as an unit supply
specialist and infantryman, and was released from active duty on 18
September 1981.
4. Item 3 on the applicant's DD Form 214 shows the ninth digit of his SSN
is "0." Item 19 on his DD Form 214 shows an address in Baltimore, Maryland.
5. A DD Form 215 (Correction to DD Form 214), dated 18 March 1982,
corrected the applicant's ninth digit of his SSN. A copy will be provided
to the applicant. Therefore, this portion of the applicant's request will
not be discussed further in these Proceedings.
6. Army Regulation 635-5 establishes the standardized policy for preparing
and distributing the DD Form 214. The regulation in effect at the time
stated, in pertinent part, that the mailing address and county of residence
furnished by the individual at time of separation would be entered in item
19 on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it must be presumed that
the applicant furnished the address shown in item 19 on his DD Form 214 at
the time of his separation. This address is merely used for the purpose of
sending documents to the applicant in the immediate days that follow his
separation. Based on the foregoing, there is no basis for granting his
request to amend item 19 on his DD Form 214.
2. Records show the applicant should have discovered the alleged errors
now under consideration on 18 September 1981; therefore, the time for the
applicant to file a request for correction of any error expired on 17
September 1984. 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
JS______ __CD___ _JM_____ 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 Slone________
CHAIRPERSON
INDEX
|CASE ID |AR20050018224 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060711 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0900 |
|2. |100.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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