BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120010836
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 State of Texas residency, in effect, his mailing address after separation.
2. The applicant states, in effect, that his DD 214 should be corrected to show Texas as his mailing address after separation.
3. The applicant provides his DD Form 214 and a Substitute Form 1098 (Mortgage Account Statement) for the year 2011.
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. After having had prior service, the applicant enlisted in the Regular Army on 20 April 1989.
3. On 28 February 2007, he retired from Fort Jackson, SC.
4. His DD Form 214 for the period ending 28 February 2007 shows in:
a. Item 7b (Home of Record (HOR) at Time of Entry) " #### LITTLEFIELD DETROIT MICHIGAN."
b. Item 19a (Mailing Address After Separation) the entry "### RIDGE TRAIL ROAD COLUMBIA SOUTH CAROLINA #####-####.
c. Item 19b (Nearest Relative) the entry "######## ##### ### RIDGE TRAIL ROAD COLUMBIA SOUTH CAROLINA #####-####."
5. The applicant provided a Substitute Form 1098, which was mailed to: #### Crusader Bend, Cibolo TX #####-####.
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. The instruction for preparing item 7b states enter the street, city, state and ZIP code listed as a Soldiers HOR, which is the address recorded when the Soldier is commissioned, appointed, enlisted, or ordered to a tour of active duty. This cannot be changed unless there is a break in service of at least one full day. The instructions for preparing items 19a and 19b state that the information will be provided by the Soldier. The mailing address must be a permanent address. When the relative named in item 19b is at the same address as 19a, the entry, "(NAME) and ADDRESS SAME AS BLOCK 19a" will be entered in 19b. The information in these items is used primarily when documents need to be forwarded to the Soldier immediately after separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change his mailing address to an address in Texas was carefully considered and it was determined there is insufficient evidence to support his request.
2. The governing regulation states the mailing address after separation will be provided by the applicant (i.e., at the time of separation). There is no evidence to the contrary that the applicant did not provide the address entered in item 19a of his DD Form 214 for the period ending 28 February 2007. He separated from Fort Jackson, SC, and it is reasonable to presume that his immediate address at the time of his separation was in South Carolina. Therefore, there is no basis for granting this portion of the applicants request.
3. There is no evidence showing the applicant resided in Texas when he entered the military and there no is no evidence showing his mailing address after separating was improperly recorded on his DD Form 214. In view of the forgoing there is no basis for granting 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) AR20120010836
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ABCMR Record of Proceedings (cont) AR20120010836
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