IN THE CASE OF:	

		BOARD DATE:	23 July 2009    

		DOCKET NUMBER:  AR20090004634 


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, that his DD Form 214 (Report of Transfer or Discharge) be corrected at:
	
	a.  block 10b (Selective Service Local Board Number, City, State and Zip Code), to show Fort Myers, Florida; 

	b.  block 20 (Place of Entry into Current Active Service), to show Fort Myers, Florida; and

	c.  block 21 (Home of Record at the Time of Entry into Active Service), to show XXXX Dunbar Avenue, Fort Myers, (Lee) Florida; 

2.  The applicant states, in effect, that his home of record was and is in Florida, not the address currently shown at block 21 on his DD Form 214.  His Selective Service Local Board was also located in Florida, not Virginia and he entered active duty from Florida.   

3.  The applicant provides copies of his DD Form 214 and seven documents related to a request for a hardship discharge.

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.  A DD Form 47 (Report of Induction) shows the Selective Service Local Board Number 41 as located in Fort Myers, Florida; the applicant's home of record as XXXX Dunbar Avenue, Fort Myers, Florida; and a current address of XXXX Ardmore Avenue, Cincinnati, Ohio.  It also shows he was found administratively acceptable for induction by a second lieutenant assigned to the Armed Forces Enlistment and Entry Station (AFEES) Cincinnati, Ohio but received his subsequent preinduction physical at the AFEES, Coral Gables, Florida.  It also shows he was inducted from the AFEES, Coral Gables, Florida.

3.  The applicant's DA Form 20 (Enlisted Personnel Record) shows a home of record of XXXX Ardmore Avenue, Cincinnati, Ohio.

4.  The documents the applicant provided with his application show his mother's address as XXXX Dunbar Avenue, Fort Myers, Florida.

5.  The applicant was inducted on 16 February 1966 and served on active duty until 7 May 1968, at which time he was discharged in accordance with Army Regulation 635-206 (Personnel Separations – Discharge – Misconduct (Fraudulent Entry, Conviction by Civil Court, AWOL, Desertion)) with an undesirable discharge. 

6.  The applicant's DD Form 214 shows, at block 10b, his Selective Service Local Board #41 as being in Fort Myers, VA; at block 20, that he entered active service from Cincinnati, Ohio; and at block 21, a home of record of XXXX Ardmore Avenue, Cincinnati (Hamilton), Ohio.

7.  Army Regulation 635-5 (Separation Documents), then in effect, state that the entry at block 21 will be the home of record listed on a Soldier's DD Form 47 or enlistment documents.  For enlisted personnel who were inducted or enlisted, the place at which induction or enlistment was accomplished would be entered in block 20.


DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that his home of record, place of entry, and the location of local Selective Service board were all in Florida, not Ohio or Virginia.

2.  All documents (except the DD Form 214) containing the applicant's Selective Service Local Board address show it as being in Florida.  It appears an administrative error resulted in the entry of the wrong state.  Therefore, it would be appropriate to correct this error at this time.

3.  While the applicant appears to have initiated his induction processing while residing in Cincinnati, Ohio, his official home of record has always been listed as Fort Myers, Florida.  By regulation, it is the home of record shown on induction documents, i.e. the DD Form 47, that is to be entered in block 21 on the DD Form 214.  It appears that an administrative error resulted in his current residence address being entered into block 21 his DD Form 214 instead of his home of record address.  Therefore, it would be appropriate to correct block 21 of the applicant's DD Form 214 to show his home of record as XXXX Dunbar Avenue, Fort Myers, (Lee) Florida.

4.  It appears that the applicant started his initial entry processing in Cincinnati, Ohio.  However, the entry physical examination and completion of his entry into active service was completed at the AFEES Coral Gables, Florida.  Since he completed his entry into active service from Florida it is appropriate to correct the record to show Coral Gables, Florida (not Fort Myers, Florida.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from block 10b of the applicant's DD Form 214 the entry "LB #41 Ft Myers, VA" and replacing it with the entry "LB #41 Ft Myers, FL"; and
   
   b.  deleting from block 20 of the applicant's DD Form 214 the entry Cincinnati, Ohio and replacing it with the entry Coral Gables, Florida.
   
   c.  deleting from block 21 of the applicant's DD Form 214 the entry "XXXX Ardmore Ave, Cincinnati, (Hamilton) Ohio" and replacing it with the entry "XXXX Dunbar Ave, Ft Myers, (Lee) Florida".

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 correcting block 20 of his DD Form 214 to read Fort Myers, Florida.




      __________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)                                         AR20090004634



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ABCMR Record of Proceedings (cont)                                         AR20090004634



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