BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20100027592
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home or record (HOR) as 1xx7 Palm Boulevard, Port Isabel, TX 78578.
2. The applicant states that his DD Form 214 incorrectly reflects his HOR as 1xx Manning, San Antonio, TX 78228 and should reflect 1xx7 Palm Boulevard, Port Isabel, TX 78578.
3. The applicant provides no additional documents with 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. The applicant was born on 3 February 1959 and he enlisted in the Regular Army in San Antonio, TX on 26 April 1988 for a period of 4 years and training as a wire systems installer. At the time of his enlistment he recorded his HOR as 1xx Manning, San Antonio, TX 78288, which was also his parents' address.
3. He completed his basic training at Fort Jackson, SC and his advanced individual training at Fort Gordon, GA. He served overseas tours in Korea and Saudi Arabia and he was honorably released from active duty (REFRAD) at Fort Ritchie, MD on 24 April 1992 by reason of his expiration of term of service. He completed 3 years, 11 months, and 29 days of creditable active service. The DD Form 214 he was issued at the time of his REFRAD shows in item 7 (HOR at the Time of Entry) the entry 1xx Manning, San Antonio, TX 78228.
4. There is no evidence in his official record and he did not provide any evidence that confirms his HOR at the time of entry on active duty was in Port Isabel, TX.
5. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will reflect information contained in official records that is in effect at the time of separation. Subsequent changes will not be entered on the DD Form 214 retroactively unless the event occurred during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and appear to lack merit. The applicants record clearly shows his HOR as recorded on his DD Form 214 at the time of his REFRAD is the same HOR he claimed at the time of his enlistment.
2. Therefore, in the absence of evidence to show that his HOR was incorrectly recorded at the time of his enlistment, there appears to be no basis to change his HOR at this time.
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) AR20100027592
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ABCMR Record of Proceedings (cont) AR20100027592
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