BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20120017472
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his address as
"9 W______ Street, H___, Massachusetts" in:
a. item 21 (Home of Record (HOR) at Time of Entry); and
b. item 31 (Address for Mailing Purposes After Transfer or Discharge).
2. The applicant states he was transient during the time of his service and the temporary addresses entered in items 21 and 31 were utilized to expedite processing. He desires this correction because the town of H___, Massachusetts is updating their Vietnam Memorial Wall.
3. He provides a Board of Assessors Property Record Card.
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. The applicant's complete military records are not available for review. However, his DD Form 214 is deemed sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 20 September 1966 for a period of 3 years. On 14 July 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 contains the following information:
a. item 21 shows his HOR at the time of entry into active service as "3__ S____ Street, J______ P____, Massachusetts";
b. item 31 shows his mailing address after transfer as "3_ E_______ Road, B________, Massachusetts"; and
c. item 32 (Signature of Person Being Transferred or Discharged) shows he authenticated this form with his signature.
4. He provides a Board of Assessors Property Record Card which shows he assumed ownership of the residence at "9 W______ Street, H___, Massachusetts" on 21 September 1973.
5. 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. The version of this regulation in effect at the time provided the separating Soldier's:
a. HOR was to be entered in item 21; and
b. mailing address after transfer or discharge was to be entered in item 31.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his address in items 21 and 31 as "9 W______ Street, H___, Massachusetts" was carefully considered.
2. By his own admission, he was in a transient status during his period of service and his DD Form 214 accurately reflects the addresses he provided when he entered active duty on 20 September 1966 and when he was released on 14 July 1969.
3. The fact that he assumed ownership of the residence at "9 W______ Street, H___, Massachusetts" on 21 September 1973 is duly noted. However, this does not change the conditions and circumstances that existed at the time his service records were created. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR). This should serve to clarify any questions that may arise and satisfy his desire to have the requested information documented in his AMHRR.
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) AR20120017472
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ABCMR Record of Proceedings (cont) AR20120017472
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