IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090020326
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 correction of Item 19 (Mailing Address After Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 July 1987.
2. The applicant states that his mailing address after separation should be Chicago, Illinois, and not Dayton, Ohio. He states that he mentioned that he was going to Ohio to visit his grandmother because she had open heart surgery. It was assumed by the interviewer that Ohio was his residence. He returned to his home State of Illinois within 2 months of his discharge. Chicago, Illinois, is his correct address after separation.
3. In support of his application, the applicant provides copies of his birth certificate and DD Form 214.
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. He submitted a certified copy of a State of Illinois Certificate of Live Birth that was filed on 3 April 1963 in the State of Illinois. This document identifies a male registrant with the same name as the applicant's. The individual was born on
23 March 1963, in Chicago, Illinois.
3. The applicant enlisted in the Army Delayed Entry Program on 10 August 1983, with prior enlisted service in the United States Air Force Reserve. He enlisted in the Regular Army in pay grade E-2 on 25 August 1983, for 3 years. His DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted at the Chicago Military Entrance Processing Station, Illinois and his home or record is shown as Chicago, Illinois.
4. He was separated from active duty in pay grade E-2 on 17 July 1987, for unsatisfactory performance. He was issued a DD Form 214 that shows in Item 19 his mailing address as Dayton, Ohio.
5. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214 and stated a DD Form 214 would be prepared for all personnel at the time of retirement, discharge, or release from active duty. The regulation stated that Item 19 would list the mailing address provided by the Soldier at separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the mailing address shown in Item 19 of his
DD Form 214 for the period ending 17 July 1987 is incorrect, but this cannot be confirmed or denied. There is no evidence to show that an error was made in the identification of his mailing address in 1987 at the time of separation separation. Therefore, he is not entitled to correction of Item 19 of his DD Form 214 ending 17 July 1987.
2. Neither the evidence submitted with the application nor the evidence of record supports that Item 19 of his DD Form 214 is in error or unjust. Each application is reviewed to determine if, by a preponderance of the evidence, an error or injustice exists and if so, if relief is appropriate.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ __X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20090020326
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