IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110022626
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 items 19a (Mailing Address After Separation) and 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "97xx Cxxxxxxxn, Mixxx, Flxxxx 33xxx" in lieu of the exiting entries.
2. The applicant states at the time of discharge he was unaware of the mailing address and nearest relative information.
3. The applicant provides his DD Form 214.
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's records show he enlisted in the Regular Army on 23 October 2001. Item 3 (Home of Record (HOR)) of his DD Form 4 (Enlistment/
Reenlistment Document) shows Staten Island, NY.
3. He completed basic combat and advanced individual training and was awarded military occupational specialty 68W (Health Care Specialist).
4. He served in Kuwait/Iraq and he executed a 4-year reenlistment on 25 December 2004. Item 3 of his DD Form 4 for this period of service listed the same HOR as that shown on his previous DD Form 4.
5. He was reassigned to the U.S. Army Medical Technology Center, Fort Sam Houston, TX, where he remained until he was separated.
6. He was honorably released from active duty on 24 December 2008 and he was assigned to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. The DD Form 214 he was issued shows the following entries:
* item 7b (HOR at Time of Entry) - Staten Island, NY
* item 19a - "11x W. Gxxxx Ave, Sxx Axxxxxx, Txxxx 78xxx"
* Item 19b - "97xx Cxxxxxxxn, Mixxx, Flxxxx 33xxx"
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. Items 19a and 19b show the permanent mailing address after separation is provided by the Soldier and the address of the nearest relative.
DISCUSSION AND CONCLUSIONS:
1. The entry pertaining to the mailing address after separation is provided by the Soldier to the official preparing the DD Form 214. The applicant appears to have provided the permanent mailing address that is shown on his DD Form 214. He also digitally authenticated the DD Form 214 by placing his signature in the proper block.
2. Absent convincing independent and verifiable evidence to the contrary it is presumed that the applicant's mailing address and the address of the nearest relative listed on his DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing either. Therefore, he is not entitled to the 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) AR20110022626
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ABCMR Record of Proceedings (cont) AR20110022626
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