IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100027604
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 blocks 19a (Mailing Address after Separation) and 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the address shown in block 19a "7xx Valley Way Santa Clara Ln, Killeen, Texas 95051" is not a valid address. The address is a typographical error. He was living in Killeen, Texas when the DD Form 214 was prepared. The correct address is "7xx Valley Way, Santa Clara, CA 95051". Additionally, Block 19b should show his nearest relative as J---e C-----n G-----t.
3. The applicant provides a copy of an envelope showing his mailing address as 7xx Valley Way, Santa Clara, CA 95051-5625.
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. Orders A-09-300126, issued by U.S. Army Reserve Personnel Command, St. Louis, MO, dated 15 September 1999, shows the applicant:
a. was ordered to active duty as a second lieutenant effective 4 October 1999;
b. he was residing at 7xx Valley Way, Santa Clara, CA 95051; and
c. his home of record was listed as 7xx Valley Way, Santa Clara, CA 95051.
3. The applicant's DD Form 214 shows in:
a. Block 19a the entry "7xx Valley Way Santa Clara Ln, Killeen, Texas 95051" and
b. Block 19b the entry "J---e G-----t, Same as Block 19a."
4. The applicant provided a copy of an envelope from Bank of America showing his mailing address as "7xx Valley Way, Santa Clara, CA 95051-5625."
5. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states for item 19 the mailing address after separation and nearest relative will be provided by the Soldier.
a. Block 19a: This address must be a permanent address.
b. Block 19b: Advise the Soldier that the name and address of a relative should be someone who will know their location and address at all times. When a relative is not available, use a close friend. When the person is at the same address as 19a, enter (Name) and address "Same as Block 19a."
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows that there is a typographical error in the address listed in Block 19a of his DD Form 214. The address should be listed as 7xx Valley Way, Santa Clara, CA 95051. Block 19b should also be corrected to show the full name and correct address of his nearest relative. Therefore, his DD Form 214 should be so corrected accordingly.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. deleting from Block 19a of his DD Form 214 the entry "718 Valley Way Santa Clara Ln, Kileen Texas 95051" and replacing it with the entry "7xx Valley Way, Santa Clara, CA 95051-5625"; and
b. deleting from Block 19b of his DD Form 214 the portion of the entry as pertains to "J---e G-----t" and replacing it with the entry J---e C-----n G-----t same as Block 19a."
____________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) AR20100024095
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100027604
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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