IN THE CASE OF:	  

		BOARD DATE:	    30 August 2012

		DOCKET NUMBER:  AR20120004557 


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 21 (Home of Record (HOR) at Time of Entry into Active Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "2448 P----------- Dr., Weslaco, TX.

2.  He states every year his family migrated north to work in Michigan.  They used a temporary address in Michigan for forwarding their mail.  He received a draft notice, and he was ordered to report to Detroit, MI, for induction, at which point his parents had to purchase a plane ticket so he could fly from Texas back to Michigan.  He has always been a permanent resident of Texas, which has been his home since he was born.  When he was 18 years of age, he registered with the McAllen, TX, Local Induction Board.

3.  He provides:

* a notarized statement from the Hidalgo County (TX) Veterans Director
* a Weslaco Independent School District Permanent Record/Transcript
* a tax receipt for tax year 1988
* a Tax Statement and tax receipt for tax year 1989
* his Certificate of Birth
* his Marriage Certificate




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.  On 16 January 1970, the applicant was inducted into the Army of the United States.

3.  The DD Form 47 (Record of Induction) completed during his induction processing bears a stamp showing he was selected for induction by Texas Local Board Number 309, McAllen, TX.  The form shows in:

* item 3 (HOR) – an address in Holland, MI
* item 3a (Current Address) – a Weslaco, TX, route and box number, which is lined through and the address shown in item 3 is handwritten
* item 11 (Place of Birth) – Weslaco, TX
* Section VII (Determination at Pre-induction Examination) – his pre-induction examination was conducted at the Armed Forces Examining and Entrance Station (AFEES), San Antonio, TX
* Section IX (Disposition of Inductee by Armed Forces) – he was inducted at the AFEES in Detroit, MI

4.  After his induction, on 22 January 1970, he completed a DD Form 398 (Statement of Personal History).  The form shows in:

* item 4 (Permanent Mailing Address) – the same Weslaco, TX, address lined through in item 3a of his DD Form 47
* item 15 (List All Residences from 1 January 1937) – three addresses in Weslaco, TX, including the address lined through in item 3a of his DD Form 47 as his most recent residence

5.  On 20 December 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) to complete his military service obligation.  Item 21 of his DD Form 214 shows the same Holland, MI, address as that entered items 3 and 3a of his DD Form 47.  Item 31 (Permanent Address for Mailing Purposes after Transfer or Discharge) shows the Weslaco, TX, address lined through in item 3a of his DD Form 47.

6.  Effective 1 January 1976, he was honorably discharged from the USAR.  The orders effecting his discharge show the Weslaco, TX address lined through in item 3a of his DD Form 47.

7.  He provides a notarized statement from the Hidalgo County (TX) Veterans Director, who states he has known the applicant his entire life and he attended school with the applicant in the Weslaco (TX) Independent School District.  He states the applicant and his family lived across the street from his house.  He confirms that the applicant and his parents migrated to Michigan and California for work during the months of May through October for many years and would forward their mail to a temporary address while they migrated to different states.  

8.  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.  The version of the regulation in effect at the time stated to enter in item 21 the HOR at time of entry into active duty as shown on the enlistment or induction record, regardless of the place physically located at time of entry on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request to correct item 21 of his DD Form 214 to show an address in Weslaco, TX. 

2.  The available evidence indicates that, at the time of induction, there was confusion regarding the applicant's HOR.  

	a.  While his DD Form 47 shows his HOR was an address in Holland, MI, the form also shows:

* he was selected for induction by a board in McAllen, TX
* a Weslaco, TX, address was entered as his current address, then lined through and an address in Holland, MI, was handwritten in the space provided for his current address
* his pre-induction examination was conducted in San Antonio, TX

	b.  On the DD Form 398 he completed shortly after he was inducted, he entered a permanent mailing address in Weslaco, TX.  This address is also entered as his permanent mailing address on his DD Form 214.  Of further note is the fact that when he listed his residences on his DD Form 398, he did not list a residence in Holland, MI.

3.  The address entered in item 4 of his DD Form 398 differs from the address he requests in his application.  There is no evidence showing the street address of his HOR was "2448 P----------- Dr." at the time of induction.  Accordingly, there is no basis for correcting his DD Form 214 to show this street address.  

4.  The preponderance of evidence confirms his HOR was Weslaco, TX.  It would now be appropriate to correct item 21 of his DD Form 214 to show the Weslaco, TX, address he entered in item 4 of his DD Form 398.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 21 of his DD Form 214 and adding the address shown in item 4 of his DD Form 398.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing the street address he requests.  

      ___________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)                                         AR20120004557



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ABCMR Record of Proceedings (cont)                                         AR20120004557



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