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ARMY | BCMR | CY2009 | 20090001328
Original file (20090001328.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	       18 JUNE 2009

		DOCKET NUMBER:  AR20090001328 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct home of record (HOR).

2.  The applicant states, in effect, his DD Form 214 should be corrected to show his HOR address is Route 1, Box 123, Camp Hill, Alabama, the State in which he currently resides and was born; instead of Route 1, Box 66, Wheaton, Illinois.  He claims he only lived in Wheaton, Illinois when he was drafted into the Army.

3.  The applicant provides a self-authored notarized statement and copy of his DD Form 214 in support of his application.

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 military records show he was inducted into the Army and entered active duty on 28 January 1964.  The Record of Induction (DD Form 47) prepared during the induction process contains a blank entry in Item 3 (Home of Record).  

3.  Item 3a (Current Address) of the DD Form 47 contains the entry “RFD #1, Box 66, Wheaton, Illinois  60187.”  Item 11 (Place of Birth) contains the entry “Chambers County Alabama.”

4.  His DA Form 20 (Enlisted Qualification Record), which was prepared on him upon his entry on active duty, contains a penciled-in entry which shows “120 S____ St, Wheaton, IL  60187” in Item 14 (Reserve Component Information – HOR).”  This entry also includes the date 1 April 1967.

5.  Item 20 (Birthplace and Citizenship) of the applicant’s DA Form 20 contains the typed entry “Camp Hill, Alabama."  Item 47 (Signature of Individual) contains a blank entry.

6.  On 26 January 1966, the applicant was honorably released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR).  The DD Form 214 that he was issued at that time shows he completed 1 year, 
11 months and 29 days of creditable active service.  Item 23 (Home of Record at Time of Entry Into Active Service) contains the entry “RFD #1 Box 66, Wheaton, (Du Page) Illinois.”

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant’s REFRAD stated that Item 23 would contain the HOR at time of entry into active duty as shown on the enlistment or induction record, regardless of place physically located at time of entry on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 incorrectly documents his HOR has been carefully considered and found to have merit.  By regulation, the HOR address entered on the enlistment contract or induction record will be the HOR entered on the separation document.  


2.  The evidence of record clearly shows that the applicant's HOR was not established upon his induction, as evidenced by the blank HOR entry contained on his Record of Induction.  In addition, although Item 14 of his DA Form 20 contains a pencil entry that shows a “Wheaton, Illinois” address, this entry also includes the date 1 April 1967, which indicates it may have been added to this document at that time during his USAR service.  Accordingly, this entry further confirms that the applicant’s HOR was not established upon his entry on active duty.  

3.  The applicant's Record of Induction confirms he was born at Camp Hill, Alabama, in Chambers County.  Given that no HOR was officially established at the time of the applicant’s entry on active duty as required by regulation, in the interest of justice, it would be appropriate to correct Item 23 of the applicant’s 
DD Form 214 to reflect Route 1, Box 123, Camp Hill, Alabama at this time.

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 amending Item 23 of the applicant’s DD Form 214 by deleting the current entry and replacing it with the entry “Route 1, Box 123, Camp Hill, Alabama” and by issuing him a correction to his DD Form 214 to reflect this correction.




      _______ _   XXX_______   ___
               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)                                         AR20090001328



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ABCMR Record of Proceedings (cont)                                         AR20090001328



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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