IN THE CASE OF:
BOARD DATE: 4 August 2009
DOCKET NUMBER: AR20090005633
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 the zip code entered in item 19 (Nearest Relative) of his 1 August 1997 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states, in effect, that the zip code listed in item 19 of his
DD Form 214 is incorrect and should read 33619 instead of 73503.
3. The applicant provides 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 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 1 August 1997, the applicant was honorably released from active duty (REFRAD) under provisions of Chapter 4, Army Regulation 635-200, by reason of completion of required active service. The DD Form 214 he was issued confirms he completed 3 years of active military service and held the rank of private first class (PFC) at the time. Item 19b contains an address in Tampa, Florida that includes the zip code 73503.
3. A review of the United States Postal Service (USPS) Zip Code shows the correct zip code for the address listed in item 19b of the applicant's DD Form 214 is 33619-7338.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the separation documents regulation contains item-by-item preparation instructions for the DD Form 214. The instructions for item 19b states, in pertinent part, to enter the address of a relative who will know the Soldier's location and address at all times. When a relative is not available, use a close friend.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that item 19b of his DD Form 214 reflects an incorrect zip code for the address listed was carefully considered and found to have merit. A review of the USPS Zip Code Lookup site shows the correct zip code for the address listed in item 19b of the applicant's DD Form 214 is 33619-7338. As a result, it would be appropriate to correct the applicant's DD Form 214 accordingly.
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 19b of his DD form 214 by deleting the current zip code listed and by replacing it with the zip code "33619-7338" and by providing him a correction to his DD Form 214 that reflects this change.
_______ _ 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.
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