IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120005378
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 (Certificate of Release or Discharge from Active Duty) to show in item 7b (Home of Record (HOR) at Time of Entry into Service) that his HOR is Gadsen, AL 35901 instead of Gadsen, GA 35901.
2. He states that his HOR during his service in the U.S. Army Reserve Delayed Entry Program (USAR DEP) and the Regular Army was Gadsen, AL and it was incorrectly entered on his DD Form 214 as Gadsen, GA. He adds that the zip code 35901 is an Alabama zip code.
3. He provides no additional evidence.
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. His DD Form 1966 (Record of Military Processing - Armed Forces) rendered at the time of his enlistment into the USAR DEP, shows he resided and attended both high school and college in Gadsen, AL 35901.
3. Item 4 (HOR) of his DD Form 4 (Enlistment/Reenlistment Contract - Armed Forces of the United States), dated 29 May 1990, shows that at the time he enlisted in the Regular Army his HOR was entered as Gadsen, GA 35901.
4. Item 4 of his DD Form 4, dated 23 December 1993, shows that at the time he reenlisted in the Regular Army his HOR was entered as Gadsen, AL 35901.
5. Item 25 (HOR/Address) of his DA Form 2-1 (Personnel Qualification Record - Part II) is blank.
6. On 5 April 1995, he was honorably discharged from the Regular Army. Item 7b of DD Form 214 shows his HOR as Gadsen, GA 35901.
7. A query of the zip code database maintained by the U.S. Postal Service revealed the zip code 35901 is assigned to Gadsen, AL.
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. This regulation establishes standardized policy for the preparation of the DD Form 214. It states that commanders or chiefs of transition centers must ensure all information on the DD Form 214 and other separation documents is accurate. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. This regulation provides the separating Soldier's HOR is to be entered into item 7b of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show in item 7b that his HOR is Gadsen, AL was carefully considered and determined to have merit.
2. The preponderance of evidence clearly shows his HOR as Gadsen, AL 35901.
3. The evidence shows the DD Form 214 he was issued erroneously shows his HOR as Gadsen, GA. The DD Form 214 is of vital importance to the separating Soldier and must be prepared accurately; therefore, the applicant is entitled to have his HOR correctly shown as Gadsen, AL on his DD Form 214.
BOARD VOTE:
___X____ ____X __ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 deleting the entry "Gadsen, GA" in item 7b of his DD Form 214 and replacing it with " Gadsen, AL."
__________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) AR20120005378
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ABCMR Record of Proceedings (cont) AR20120005378
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