BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090008141
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 that his address be corrected in items 7b (Home of Record at Time of Entry), 19a (Mailing Address After Separation), and 19b (Nearest Relative) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 April 2005 by changing the state from Kansas (KS) to Missouri (MO).
2. The applicant states, in effect, that the addresses shown on his DD Form 214 are, in fact, in MO not KS. The applicant needs to have his DD Form 214 corrected in order to use it to obtain financial aid.
3. The applicant provides copies of his DD Form 214, a portion of a water bill, and a portion of a bank statement as documentary evidence in support of this case.
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. The applicant's DD Form 4 Series (Enlistment/Reenlistment Document), dated 22 November 2000, shows he enlisted in the U.S. Army Reserve at the Kansas City Military Entrance Processing Station located in Kansas City, MO. This form also shows the city and state portion of his home of record as Kansas City, MO.
3. The applicant's DD Form 1966 series, dated 22 November 2000, shows the city and state portion of his current address (at the time), home of record, and place of birth as Kansas City, MO.
4. Headquarters, 89th Regional Support Command, Wichita, KS,
Orders 03-201-00013, dated 20 July 2003, show the applicant's residential address as 3__7 W____r Avenue, Kansas City, MO 6___3.
5. A thorough review of the documents contained in the applicant's military personnel record revealed that his residential address consistently appears as 3__7 W____r Avenue, Kansas City, MO 6___3.
6. The city and state portions shown in items 7b, 19a, and 19b of the applicant's DD Form 214 all indicate that the addresses are located in Kansas City, KS.
7. The applicant provides portions of a water bill and a portion of a bank statement which both show the city and state portion of his address as Kansas City, MO.
8. A search of the zip code database maintained by the U.S. Postal Service confirmed that zip code 6___3 is for a portion of Kansas City, MO.
9. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. In pertinent part, it stated that commanders or chiefs of transition centers must ensure all information on the DD Form 214 and other separation documents is accurate. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. No deviation is authorized.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that items 7b, 19a, and 19b of his DD Form 214 should be corrected to show that the addresses are located in Kansas City, MO, was carefully considered and determined to have merit.
2. The preponderance of evidence clearly shows that the aforementioned addresses are all located in the state of Missouri, not Kansas.
3. The evidence shows that the applicant was issued a DD Form 214 for the period ending 7 April 2005 on which the state in items 7b, 19a, and 19b erroneously appears as KS. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared accurately; therefore, the applicant is entitled to have the state in items 7b, 19a, and 19b correctly shown as MO.
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 from items 7b, 19a, and 19b of his DD Form 214 the period ending
7 April 2002 the State of "KS" and replacing it with the State of "MO."
____________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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