IN THE CASE OF:
BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090007377
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 Item 12a (Date Entered AD This Period) and the spelling of the name of the city in Items 7a (Home of Record at Time of Entry), 19a (Mailing Address After Separation), and 19b (Nearest Relative), recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states, in effect, that the date he entered on active duty needs to be corrected from 22 March 2008 to 22 March 2005 and the spelling of his city needs to be corrected from "Patterson, New Jersey," to "Paterson, New Jersey."
3. In support of his request, the applicant submitted a copy of his DD Form 214 and a copy of his DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) which shows the date of his entry on active duty and the correct spelling of the city he reported as his home of record.
CONSIDERATION OF EVIDENCE:
1. The DD Form 4/1 that was completed at the time of the applicant's enlistment in the Delayed Entry/Enlistment Program shows the applicant enlisted in the Reserve for 8 years on 10 March 2005. The DD Form 4/1 shows in Item B (Agreements), part a (For Enlistment in a Delayed Entry/Enlistment Program (DEP)), that he understood that he would be ordered to active duty as a Reservist unless he reported to the Military Entrance Processing Station by 22 March 2005.
2. Section F (Discharge from Delayed Entry/Enlistment Program), Item 20c (Date Signed), of the DD Form 4/3 shows the applicant was discharged from the DEP on 22 March 2005. Section H (Confirmation of Enlistment or Reenlistment), Item 22c (Date Signed), of the applicant's DD Form 4/3 shows he was sworn into the Regular Army on 22 March 2005.
3. Item 3 (Home of Record) of the DD Form 4/1 that was completed at the time of the applicant's enlistment in the Reserve shows he reported a street address in Paterson, New Jersey, as his home of record.
4. Items 7b, 19a, and 19b of the applicant's DD Form 214 show the applicant's city's name was spelled, "Patterson, New Jersey." The correct spelling of the city's name is "Paterson."
5. The applicant was released from active duty on 29 August 2008. Item 12a of his DD Form 214 shows the date 22 March 2008.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes policies and procedures regarding separation documents. This regulation specifies that the beginning date of the continuous period of active duty for which the DD Form 214 is being issued and for which a DD Form 214 was not previously issued, will be entered in this item. In Item 7b, the name of the city and state from which the Soldier entered active duty will be entered in this item. The regulation specifies that the mailing address after the Soldier's separation and the name and address of the nearest relative will be provided by the Soldier and will be entered in Items 19a and 19b.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the date he entered active duty shown on his DD Form 214, which was issued to him on 29 August 2008, is incorrect and it should be corrected to read 22 March 2005.
2. The evidence shows that the applicant's contention is correct. The applicant enlisted in the Reserve on 10 March 2005 and entered active duty in the Regular Army on 22 March 2005. He is therefore entitled to a correction of Item 12a of his DD Form 214 to show the date 22 March 2005.
3. The applicant contends that the spelling of the name of his city in his home of record (Item 7b), his mailing address after his separation (Item19a), and the address of his nearest relative (Item 19b) is spelled incorrectly.
4. The evidence shows that the applicant's contention is correct. The city in the applicant's home of record, his address after his separation, and the address of his nearest relative were all incorrectly spelled. The spelling of the city's name is "Paterson, New Jersey," and not "Patterson, New Jersey." Therefore, based on the evidence in this case, the applicant is entitled to a correction in the spelling of the name of the city he reported as his home of record, his address after his separation, and the address of his nearest relative.
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:
a. correcting Item 12a to show the date 2005/03/22 as the date the applicant entered active duty; and
b. correcting the spelling of the name of the city shown in Item 7b, 19a and 19b from Patterson, New Jersey, to Paterson, New Jersey.
_______ _ _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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