IN THE CASE OF:
BOARD DATE: 10 June 2008
DOCKET NUMBER: AR20080007091
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 items 7b (Home of Record at Time of Entry), 19a (Mailing Address After Separation), and 19b (Nearest Relative) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his new address in Honolulu, Hawaii.
2. The applicant states that the addresses shown on his DD Form 214 are from his previous marriage and he would like it changed.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants enlistment contract shows his home of record as Kaneohe, Hawaii. He enlisted on 29 September 1999 for a period of 4 years, served as an indirect fire infantryman, and was released from active duty on 28 September 2003.
3. Items 7b, 19a, 19b on the applicants DD Form 214 show an address in Kaneohe, Hawaii.
4. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states, in pertinent part, that the street, city, state, and zip code listed as a Soldiers home of record would be entered in item 7b on the DD Form 214. Home of Record is the place recorded as the home of record of the Solder when commissioned, appointed, enlisted, or ordered to a tour of active duty. This cannot be changed unless there is a break in service of at least one full day. Home of record is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldiers career.
5. Army Regulation 635-5 also states, in pertinent part, that the mailing address after separation and the nearest relative will be provided by the Soldier. It also states that item 19a on the DD Form 214 must be a permanent address and that the Soldier would be advised that the name and address of relative (item 19b) should be someone who would know their location and address at all times.
DISCUSSION AND CONCLUSIONS:
1. The applicants enlistment contract shows his home of record was Kaneohe, Hawaii. Since the governing regulation states that the Home of Record is the place recorded as the home of record of the Soldier when enlisted, there is no basis for granting the applicants request to amend item 7b on his DD Form 214.
2. Since the applicant states that the Honolulu address is a new address, and the governing regulation states that the mailing address after separation and the nearest relative will be provided by the applicant (i.e. at the time of separation), there is no basis for granting the applicants request to amend items 19a or 19b on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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.
_ __xxxx_ ___
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.
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