IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100030015
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 place of entry as Miami, FL instead of Cairo, NY.
2. The applicant states he entered the U.S. Army in Miami, FL, and not Cairo, NY. He also states that he graduated from the University of Miami in 1963.
3. The applicant provides copies of his DD Form 214 and a college transcript from the University of Miami, Coral Gables, FL.
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. Letter Orders A-08-1552, issued by Headquarters, Third U.S. Army, Fort McPherson, GA, subject: Active Duty, dated 7 August 1963, indicates the applicant:
a. was ordered to active duty as a U.S. Army Reserve (USAR) second lieutenant effective upon his acceptance;
b. was using Main Street, Cairo, NY as his address at the time; and
c. his home of record was listed as Cairo, NY.
3. The applicant's DD Form 214 shows in:
a. item 11d (Effective Date [of release from active duty]) the entry
5 September 1965;
b. item 19c (Date of Entry [on active service]) the entry 6 September 1963;
c. item 22 (Place of Entry into Active Service) the entry Cairo, NY;
d. item 23 (Home of Record at Time of Entry into Active Service) the entry Cairo, Greene, NY; and
e. item 33 (Permanent Address for Mailing Purposes after Transfer or Discharge) the entry General Delivery, Miami, Dade, FL.
4. The college transcript provided by the applicant indicates that an unknown individual was awarded a college degree on 11 June 1963. The transcript does not identify the recipient of the degree or his/her address. Furthermore, the only address shown on this transcript is that of the college, University of Miami that issued the transcript.
5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, 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 22, for officer personnel ordered from the Army National Guard of the United States (ARNGUS) or USAR, enter city and state as indicated on the active duty orders
* item 23, enter home address shown on orders bringing officer on current tour of active duty
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his place of entry on active duty as Miami, FL.
2. The available evidence shows that his active duty orders were published at Fort McPherson, GA and were sent to him at Main Street, Cairo, NY. Furthermore, this New York address is also shown as his HOR on these orders.
3. Regulatory guidance clearly provided that the orders to active duty were the source document for the place of entry and HOR to be recorded on the DD Form 214.
4. The college transcript provided by the applicant fails to show either his name or address. While the applicant's contention that he graduated from the University of Miami in 1963 is not in question, such accomplishment does not automatically translate into Miami being his place of entry into the U.S. Army.
5. It appears that the applicant gave a "general delivery" address in Miami, FL at the time of his release from active duty. This would indicate that he had not yet established himself as a resident in the State of Florida.
6. There is no apparent evidence of error or injustice. Therefore, in view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100030015
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100030015
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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