BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110018527
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 (Report of Separation from Active Duty) to show he entered active duty in Jersey City, NJ, not Newark, NJ, and to show he was discharged on 5 May 1975, not 19 May 1975.
2. The applicant also requests correction of his "current" DD Form 214 to show he is not on active duty.
3. The applicant states his date of discharge is incorrect. He states he is not on active duty despite what his "current" DD Form 214 shows and this needs to be corrected. He states he never reenlisted and his place of entry on active duty wasn't Newark, NJ, it was Jersey City, NJ.
4. The applicant provides his Department of Veterans Affairs (VA) medical card.
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. The applicant enlisted in the Regular Army for a 2-year term on 2 August 1973. His DD Form 4 (Enlistment Contract Armed Forces of the United States) provides the following information.
a. Item 9 (Name and Location of Activity Effecting Enlistment/Reenlistment/
Induction) shows he enlisted at the Armed Forces Examining and Entrance Station (AFEES) in Newark, NJ.
b. Item 41 (Home of Record) shows his home of record at the time of enlistment was Jersey City, NJ.
3. Special Orders Number 106, Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, SC, dated 19 May 1975, honorably discharged him effective 19 May 1975. The highest rank/pay grade he achieved while serving on active duty was private first class/E-3.
4. The DD Form 214 he was issued provides the following information.
a. Item 8c (Home of Record at Time of Entry into Active Service) shows his home of record as Jersey City, NJ.
b. Item 9d (Effective Date) shows he was discharged effective 19 May 1975.
c. Item 14 (Place of Entry into Current Active Service (City, State, and Zip Code)) shows he entered active duty in Newark, NJ.
d. Item 18c (Record of Service Total Active Service) shows he completed 1 year, 9 months, and 18 days of total active service during this period.
5. His record does not contain any documentation that indicates he served on active duty in any component at any time following his discharge on 19 May 1975.
6. He provides his VA medical card which contains his name and photograph, but he does not provide any other data relative to his period of service.
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. It 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 requests correction of his DD Form 214 to show he entered active duty in Jersey City, NJ, not Newark, NJ, and to show he was discharged on 5 May 1975, not 19 May 1975.
2. The evidence of record shows he enlisted at the AFEES in Newark, NJ, and his home of record at the time was Jersey City, NJ. Both items are correctly reflected on his DD Form 214. The evidence further shows he was discharged effective 19 May 1975 and this date is correctly reflected on his DD Form 214. Therefore, the entries on his DD Form 214 are correct, there is no error, and he is not entitled to the requested relief.
3. The applicant further requests correction of his "current" DD Form 214 to show he is not on active duty. The evidence of record does not support the existence of a second DD Form 214; therefore, it cannot be corrected.
4. In view of the foregoing, there is an insufficient basis to grant relief in this case.
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 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) AR20100011932
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018527
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120022323
Active Duty Order Number 156-19, dated 1 August 1979, issued by AFEES, Newark, NJ, ordered him to active duty in the rank of private with a reporting date of 1 August 1979 to the U.S. Army Reception Station, Fort Dix, NJ. The evidence of record confirms the applicant entered active duty at Fort Dix, NJ, which is correctly shown on his DD Form 214. In the absence of evidence to the contrary, it is presumed what the Army did in this case was correct and that his DD Form 214 correctly shows...
ARMY | BCMR | CY2012 | 20120011119
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as "Texas" instead of "Paterson, New Jersey." The applicant states his DD Form 214 does not show his HOR had been changed before reenlistment. By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR...
ARMY | BCMR | CY2011 | 20110023870
The following items on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct information: * Social Security Number (SSN) should be xxx-42-xxxx * date of rank * date of birth should be 15 April 1952 * selective service number should be added * service board/local board should be Newark, NJ * home of record should be New Providence, NJ * service time should be more than 4 to 7 months * awards should show award of the National...
ARMY | BCMR | CY2009 | 20090009602
Application for correction of military records (with supporting documents provided, if any). The applicant states his name is G----- H------, Jr. and not B---- G. H------; that he moved from the address listed on the DD Form 214 over 30 years ago; and that he has 2 years of college education. It further shows he had completed 11 years of education.
ARMY | BCMR | CY2010 | 20100021773
His DD Form 47 (Record of Induction) shows he was in the custody of the law at the time he was inducted into the Army of United States. Paragraph 5-5b of the same regulation states that an individual claiming erroneous induction because of a procedural right as provided by the Military Selective Service Act of 1967 may submit a request for release from custody and control of the Army. The available evidence shows he was charged with a Selective Service violation on 15 June 1966, for...
ARMY | BCMR | CY2011 | 20110014230
The applicant states, in effect: a. the 2 June 2011 Army Board for Correction of Military Records (ABCMR) decision was and is a fraud. The applicant provides: * U.S. District Court for the District of New Jersey document, dated 14 July 1966 this document was previously considered by the Board * Two newspaper articles * VA Form 21-4138 (DVA Statement in Support of Claim), dated 28 June 2011 * Letters, dated 15 August 2011, 21 July 2011, 15 July 2011, 24 June 2011, and 24 August...
ARMY | BCMR | CY2010 | 20100013477
The applicant requests correction of his records to show his home of record (HOR) as Dallas, TX, instead of Lawton, OK. 2. However, there is no evidence in the available record, nor has he submitted any evidence that shows the documents contained in his official military records showing his HOR as Lawton, OK, are incorrect. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2014 | 20140006829
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 April 2005, item 7a (Place of Entry into Active Duty), and item 7b (Home of Record), to show San Antonio, TX. Evidence also clearly shows she was appointed as an officer in the Regular Army and she entered active duty at Fort Sam Houston, TX (located in San Antonio, TX). In this case, the evidence of record shows upon her discharge from the RA on 29 July...
ARMY | BCMR | CY2011 | 20110002109
Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms the applicant entered active duty from civilian life at Dallas, Texas, and that her HOR at the time was Tyler, Texas, as evidenced by the DD Form 4 documenting her initial enlistment on 1 July 1975. The 1975 DD Form 4 also confirms the applicants HOR was in Tyler, Texas, and subsequent DD Forms 4 prepared for her 1978 reenlistment in the RA and 1988 enlistment in...
ARMY | BCMR | CY2010 | 20100027416
The applicant's Official Military Personnel File (OMPF) contains a DD Form 4 (Enlistment Contract - Armed Forces of the United States) prepared during his enlistment process. The instructions for completing Item 15 states to enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued. The applicant's OMPF does not contain any documents and he did not provide any documents that shows a date of entry on...