BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120010056
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, in effect, his name and address be changed on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states:
* His correct name is "J---- L. T---- - C-----"
* His correct address is an address in Coto Laurel, Puerto Rico
3. The applicant provides:
* United States Uniformed Services Identification Card
* Honorable Discharge Certificate
* 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 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 military records covering his active duty service from
3 September 1953 to 12 August 1955 are not available.
3. His DD Form 214 shows he was inducted into the Army of the United States on 3 September 1953 and he was released from active duty on 12 August 1955.
4. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his name as "J---- L. T---- - C-----." Item 20 (Home Address at Time of Entry Into Active Service) shows an address in Villalba, Puerto Rico. Item 47 (Permanent Address for Mailing Purposes After Separation) shows the entry "Same as item #20."
5. He subsequently served in the U.S. Army Reserve and Army National Guard. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows his name as "J---- L. T---- - C-----" and a mailing address in Villalba, Puerto Rico.
6. 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 and states that 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 contends his name is incorrect on his DD Form 214 and his correct name is "J---- L. T---- - C-----." However, this is the name shown on his DD Form 214. Therefore, there appears to be no error on his DD Form 214 to correct.
2. The applicant contends his correct address is an address in Coto Laurel, Puerto Rico. The DD Form 214 is a snapshot in time and is a reflection of the applicant's record of Active Army service at the time of his release from active duty. Evidence shows his home address was Villalba, Puerto Rico at the time of his separation in 1955. Since it appears his address changed after he was released from active duty, there is no basis for granting his request to change his address on his DD Form 214.
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) AR20120010056
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ABCMR Record of Proceedings (cont) AR20120010056
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