IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: 20080008401
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 her Certificate of Release or Discharge from Active Duty (DD Form 214) to show her correct home of record.
2. The applicant states, in effect, that her [then] current mailing address was mistakenly entered as her home of record on her enlistment contract.
3. The applicant provides copies of her DD Form 214, Enlistment/Reenlistment Document (DD Form 4), Record of Military Processing Armed Forces of the Unites States (DD Form 1966), Enlisted Record Brief (ERB), and her spouse's 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. On 5 April 2001, the applicant enlisted in the United States Army Reserve for 8 years. Block number 3 (Home of Record) of the DD Form 4, shows an El Paso, Texas, address. Block number 4 (Place of Enlistment/Reenlistment) shows El Paso MEPS, El Paso, TX 79906-4610.
3. On 19 April 2001, the applicant enlisted in the Regular Army for 3 years.
4. The applicants DD Form 1966, completed in conjunction with her DD Form 4 shows in block 4 (Home of Record) an address in Atlanta, Georgia.
5. The applicants ERB, dated 21 January 2004, shows her home of record as Atlanta, Georgia.
6. On 18 June 2004, the applicant was discharged due to physical disability. She had attained the rank of specialist, pay grade E-4, and had completed
3 years and 2 months of creditable active duty service.
7. The applicants spouses DD Form 214 shows that he had enlisted in the Regular Army on 27 January 1987 and remained on active duty until 31 January 2007, when he retired for length of service. His DD Form 214 shows his home of record as Atlanta, Georgia.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that a Soldiers initial enlistment contract is the source document for determining the data to enter in Item 7b (Home of Record at Time of entry) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that her DD Form 4 and DD Form 1966, prepared at essentially the same time, are in disagreement. The DD Form 1966 shows her home of record as Atlanta, Georgia, and her DD Form 4 shows El Paso, Texas, as her home of record. Her DD Form 214 was properly prepared based on the data on her DD Form 4. However, based on all of the available information, it appears that the DD Form 4 was completed incorrectly.
2. The applicants spouse enlisted prior to her enlistment and was retired after her release from active duty. His home of record is shown as Atlanta, Georgia, on his DD Form 214. It is reasonable to presume that his spouse and the applicant had the same home of record once she enlisted.
3. In view of the above, it would be appropriate to correct the applicants records to show that her home of record was in Atlanta, Georgia.
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 in Item 7b of her DD Form 214 that her home of record is Atlanta, Georgia.
__________ _ 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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080008401
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