IN THE CASE OF:
BOARD DATE: 6 May 2010
DOCKET NUMBER: AR20090016692
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 his record be corrected to show the correct address at the time of his enlistment.
2. The applicant states his address at the time of his enlistment was 14-- E--- Avenue, Harvey, Louisiana 70058. He states he needs his correct address listed for a class action suit involving his neighborhood and claims his address has never changed.
3. The applicant provides his driver's license and social security statement 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 record shows he enlisted in the Regular Army and entered active duty on 26 August 1976. A DD Form 1966 (Application for Enlistment - Armed Forces of the United States) he completed during his enlistment processing lists his present address in section IV (Other Background Data), item 28c (Present Address), as 14-- E--- Avenue, Harvey, Louisiana 70058.
This same address is listed in item 31 (Residences) as his address at the time he completed the form on 26 August 1976.
3. On 15 September 1976, the applicant was honorably discharged under the provisions of paragraph 5-9, Army Regulation 635-200 (Personnel Separations), by reason of failure to meet established physical standards, not a disability, after completing 20 days of active military service. The DD Form 214 (Report of Separation from Active Duty) he was issued at the time lists his address as 1- E----, Harvey, Louisiana 70057, in item 8c (Home of Record at Time of Entry into Active Service) and item 28 (Mailing Address after Separation) contains the entry "See #8c."
4. On 30 November 2009, a DD Form 215 (Correction to DD Form 214)
was published by the U.S. Army Adjutant General amending the applicant's original DD Form 214 by changing the entry in item 8c to read "14-- E--- Ave., Harvey, LA 70057."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected to show his address at the time of his enlistment was 14-- E--- Avenue, Harvey, Louisiana 70058, has been carefully considered and found to have merit.
2. The documents prepared on the applicant during his enlistment processing confirm he was residing at 14-- E--- Avenue, Harvey, Louisiana 70058, at the time of his enlistment. Therefore, his record and DD Form 214 should be corrected accordingly.
3. The DD Form 215 prepared to make the correction requested on 30 November 2009, corrected the address; however, still erred in listing the zip code incorrectly. As a result, the applicant's DD Form 214 should be amended to list the address 14-- E--- Avenue, Harvey, Louisiana 70058, in item 8c and item 28.
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 his DD Form 214 as follows:
a. item 8c - delete the current entry and replace it with the entry "14-- E--- Avenue, Harvey, Louisiana 70058";
b. item 28 - delete the current entry and replace it with the entry "14-- E--- Avenue, Harvey, Louisiana 70058"; and
c. provide him a correction to his DD Form 214 that includes these changes.
____________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) AR20090016692
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20090016692
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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