IN THE CASE OF:
BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120020071
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 the Home of Record on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his home of record was always on 18th Street.
3. The applicant provides a copy of his DD Form 214 showing, in block 21 (Home of Record at Time of Entry into Active Service), 15th Street.
\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 was inducted on 6 October 1969. The home address shown on his DD Form 398 (Statement of Personal History) is 18th Street. His DD Form 1584 (National Agency Check Request) carries the same address.
3. No other home address except the "15th Street" address shown on the
DD Form 214 appears in his records.
4. He was honorably released from active duty on 24 September 1971 and transferred to the U.S. Army Reserve.
DISCUSSION AND CONCLUSIONS:
The home of record address shown in block 21 of his DD Form 214 is in error and should be corrected.
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 "15th Street" in block 21 of his DD Form 214 and inserting "18th Street."
_______ _ 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) AR20120020071
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ABCMR Record of Proceedings (cont) AR20120020071
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