RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  24 July 2007
	DOCKET NUMBER:  AR20070002323 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce Wright

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Rose M. Lys

Member

Mr. James R. Hastie

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 item 19a (Mailing Address After Separation), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected to show the street name correctly identified as "Penrose Drive" instead of the entry "Pen Rose Drive"; and item 19b (Nearest Relative [Name and Address]), be corrected to show the entry, "M____ P_____ 1994 Penrose Drive Fayetteville, NC 28304" instead of the entry, "L_____ P_____ 2217 Charston, Portsmouth, VA  23704."

2.  The applicant states, in effect, that due to an oversight on his part, item 19a and 19b, of his DD Form 214, are incorrect.  His correct street address after separation is, "1994 Penrose Drive" instead of "1994 Pen Rose Drive."  His spouse is his nearest relative (M____ P_____).  Ms L_____ P _____ is his sister who was listed early in his career.  The error was on him and will create a problem for his family upon his death.  

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 February 1999, the date he was separated, for the purpose of retirement.  The application submitted in this case is dated 5 February 2007.

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 he was appointed in the Reserve as a commissioned officer effective 17 February 1969, in the rank of second lieutenant (2LT/O-1).  He was promoted to colonel (COL/O-6) effective 1 September 1991. 

4.  He served until he was separated for the purpose of retirement on 28 February 1999.  He was placed on the Retired List effective 1 March 1999, in the rank of COL.
5.  Item 19a, of his DD Form 214, shows his mailing address after separation as "1994 Pen Rose Drive, Fayetteville, NC  28304" and item 19b shows his nearest relative as "L_____ P ____," with an address of "2217 Charston, Portsmouth, VA 23704." 

6.  The applicant reports that his nearest relative at the time of his separation was his wife M____ P_____, who resided at 1994 Penrose Drive, Fayetteville, NC  28304.

7.  A review of the United States Postal Service Website, shows a listing for "Penrose Drive" and not "Pen Rose Drive," in the applicant's city and state. 

8.  Army Regulation 635-5 provides instructions for the preparation of the         DD Form 214.  It states, in pertinent part, that item 19b (Nearest Relative [Name and Address]) will be completed to show the name and address of the nearest relative furnished by the individual at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  At the time of his separation, for the purpose of retirement, the applicant apparently provided the name of his nearest relative, his sister – L______           P_____, whose name and address are shown in item 19b, of his DD Form 214.  It is apparent that the applicant now wishes to change the name of his nearest relative, L_____ P ____, to that of his spouse, M____ P _____, who resided at and continues to reside at 1994 Penrose Drive, Fayetteville, NC  28304.  

2.  The applicant alleges that the error would create a problem for his family upon his death; however, he has provided no evidence, and there is none, to support his allegation. 

3.  It was the applicant who provided the name and address of his nearest relative for inclusion on his DD Form 214 at the time of his separation, for the purpose of retirement, in accordance with regulation in force at the time.  The applicant has provided insufficient evidence that information provided at the time was erroneous and therefore, there is no basis to correct item 19b of his DD Form 214 as he has requested.  A copy of this Record of Proceedings will be filed in his OMPF for the information and action of those having an official need to review his service records in the future.



4.  At the time of preparation of the applicant's DD Form 214 a typographical error occurred in the street name in item 19a.  The evidence clearly shows that the street name is "Penrose Drive" instead of "Pen Rose Drive."  Therefore, he is entitled to correction of item 19a, of his DD Form 214, to show the street address as "Penrose Drive."

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 February 1999; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 February 2002.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JRH__  __JI ____  __RML___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the entry, "Penrose Drive," in item 19a (Mailing Address After Separation), of his DD Form 214. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to item 19b (Nearest Relative [Name and Address]), of his DD Form 214.  




____   John Infante__________
          CHAIRPERSON

INDEX

CASE ID
AR20070002323
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070724
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19990228
DISCHARGE AUTHORITY
AR 635-100
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.