IN THE CASE OF:	  

		BOARD DATE:	        21 October 2008

		DOCKET NUMBER:  AR20080013442 


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 his place of entry into current active service and his home of record to show "Harrells, North Carolina" instead of "Hassell, North Carolina."  

2.  The applicant states, in effect, that the incorrect city is entered due to an administrative error.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 19 July 1967, in support of his request.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the North Carolina Army National Guard (NCARNG) on 29 August 1966.  Item 6 (Home Address) of his DD Form 4 (Enlistment Record-Armed Forces of the United States) shows this address at the time of enlistment as "Route 1, Harrell [sic], Sampson County, North Carolina."  

3.  Special Orders Number 30, dated 14 February 1967, issued by the Adjutant General's Department, NCARNG, Raleigh, North Carolina, show the applicant was ordered to active duty, for a period of 26 weeks, effective 14 March 1967.  These orders show the applicant's home of record as "Route 1, Harrells, North Carolina." 

4.  The applicant's records further show he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He was honorably released from active duty to the control of his ARNG unit on 19 July 1967.

5.  Item 20 (Place of Entry Into Current Active Service) of the applicant's DD Form 214 shows the entry "Hassell, North Carolina" and Item 21 (Home of Record) of this form shows the entry "Route 1, Hassell (Sampson), North Carolina."

6.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  Table 5-1 (Instructions for completing the DD Form 1966 series) of this regulation states that the street, city, county, state, country and zip code of address declared by the applicant to be the permanent home or actual home at time of enlistment be entered in Item 4 of the DD Form1966/1.

7.  Joint Federal Travel Regulations, Volume 1, Appendix 1 (Definitions), Part I (Terms) defines home of record as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  The regulation further states that only if a break in service exceeds one full day may a member change the home of record.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should 

be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 20 shows the city and state where the Soldier entered active duty and Item 21 shows the street, city, state and ZIP code listed as the Soldier’s home of record.  A Soldier’s initial enlistment contract or appointment document is the source document that shows the place of entry onto active duty and home of record at time of entry (unless the Soldier has an approved change by the Enlisted Records and Evaluation Center (EREC).

DISCUSSION AND CONCLUSIONS:

The evidence of record as provided by the applicant's DD Form 4 clearly shows his place of entry onto active duty and home of record as "Harrells (erroneously shown as Harrell), North Carolina."  The record also shows that this location has been variously identified in his official records as "Hassell," “Harrell," and "Harrells."  It appears that a typographical error or poor administrative oversight led to the incorrect entries.  Therefore, the applicant is entitled to correction of his records to show the correct place of entry and home of record as "Harrells, North Carolina."

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 deleting the entry "Hassell" from Items 20 and 21 of the applicant's DD Form 214 and replacing it with the entry "Harrells." 




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      _______ _   _______   ___
               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)                                         AR20080013442



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ABCMR Record of Proceedings (cont)                                         AR20080013442



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