BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20120001045
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 item 8c (Home of Record at Time of Entry into Active Service) of his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states, in effect, that the address shown is out of date.
3. The applicant provides his DD Form 214, vehicle registration card, and a real estate assessment statement.
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. The applicant's records show he was appointed as a second lieutenant Reserve officer on 5 August 1971. His address is shown on his appointment letter as 3XXX Lxxxxxxx Road, Cleveland, OH, xxxxx.
3. Department of the Army Letter Orders Number A-08-98968, dated 18 August 1972, issued by the U.S. Army Reserve (USAR) Components Personnel and Administration Center, St Louis, MO, ordered him to active duty on 26 September 1972. The address shown on these orders is 3XXX Lxxxxxxx Road, Cleveland, OH, xxxxx.
4. He entered active duty on 26 September 1972 in Cleveland, OH. He was promoted to the rank of first lieutenant (1LT) on 5 August 1974.
5. He was honorably released from active duty on 25 September 1974 in the rank of 1LT and assigned to the USAR Control Group (Annual Training). He completed 2 years of creditable active service.
6. Item 8c of his DD Form 214 shows the entry 3XXX Lxxxxxxx Road, Cleveland, OH, xxxxx.
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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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. In the version in effect at the time, it stated in item 8c enter the home of record at the time of entry into active service. (Emphasis added).
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant lived at 3XXX Lxxxxxxx Road, Cleveland, OH, at the time of his entry into active service which is correctly shown on his DD Form 214. 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) AR20120001045
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ABCMR Record of Proceedings (cont) AR20120001045
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