IN THE CASE OF:
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110015826
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 (Armed Forces of the United States Report of Transfer or Discharge) to show:
* his place of birth as Richmond Heights, Missouri (MO), instead of Richmond Heights, Maryland (MD)
* his permanent address for mailing purposes after transfer or discharge as "9XXX Minerva," instead of "9XXX Mineva"
2. The applicant states his place of birth and his permanent address listed on his DD Form 214 are incorrect. He was 22 years old at the time of his separation. He noticed the error but felt that bringing it to someone's attention might result in him being detained beyond his separation date. Since he didn't want to delay his separation, he dismissed it. He has been employed by the U.S. Postal Service for the last 19 years and he needs a correct copy of his DD Form 214 for retirement. He would prefer not to submit an incorrect copy.
3. The applicant provides his DD Form 214 and his State of Missouri Birth Certification.
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. On 12 February 1969, in preparation for his upcoming induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History). This form shows:
* Item 4 (Permanent Mailing Address) shows his permanent mailing address as "9XXX Minerva, Overland, MO 63114"
* Item 5 (Place of Birth) shows his place of birth as "Richmond Heights, MO."
3. On 14 February 1969, he was inducted into AUS. His DD Form 47 (Record of Induction) shows:
* Item 3 (Home of Record) shows his home of record as "9XXX Minerva, Overland, MO"
* Item 3a (Current Address) shows his current address as "9XXX Minerva, Overland, MO"
* Item 11 (Place of Birth) shows his place of birth as "St. Louis, MO"
4. He completed training and was awarded military occupational specialty (MOS) 94B (Cook).
5. On 5 February 1971, he was honorably released from active duty and transferred to the United States Army Reserve (USAR). His DD Form 214 shows he completed 1 year, 11 months, and 22 days of total active service. His
DD Form 214 further shows:
* Item 8 (Place of Birth) shows his place of birth as "Richmond Heights, MD"
* Item 21 (Home of Record at Time of Entry into Active Service) shows his address as "9XXX Minerva, Overland (St. Louis), MO 63114"
* Item 31 (Permanent Address for Mailing Purposes after Transfer or Discharge) shows his permanent address as "9XXX Mineva, Overland (St. Louis), MO 63114"
6. He provides his State of Missouri Birth Certification, which shows he was born in St. Louis County.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army, and establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 8 of his DD Form 214 should show his place of birth as "Richmond Heights, MO." Records show his place of birth was Richmond Heights, MO; therefore, it would be appropriate to correct his DD Form 214 to show this.
2. The applicant further contends item 31 of his DD Form 214 should reflect his correct permanent address at the time of his separation. Records show that address was incorrectly entered on his DD Form 214; therefore, it would be appropriate to correct the incorrect entry to show his address as "9XXX Minerva, Overland (St. Louis), MO 63114."
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:
* amending item 8 of his DD Form 214 to read "Richmond Heights, MO"
* amending item 31 of his DD Form 214 to read "9XXX Minerva, Overland (St. Louis), MO 63114"
_______ _ 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) AR20100011932
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110015826
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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