IN THE CASE OF:
BOARD DATE: 9 July 2013
DOCKET NUMBER: AR20120022323
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:
* he entered active duty at College Station, TX vice Fort Dix, NJ
* his address after separation as 400 Dxxxxxxx Dxxxx, College Station, TX 78240 vice 7 Cxxxxxxxxxx Cxxxx, Eatontown, NJ 07724
2. The applicant states the place he entered active duty and his address after separation are incorrect on his DD Form 214. He was unavailable to sign the DD Form 214 because he was in the hospital at the U.S. Army Military Academy (USMA), West Point, NY. He believes the error happened because he had attended the USMA Preparatory School (USMAPS), Fort Monmouth, NJ, and the administrator must have looked at the wrong address and personal information when completing the DD Form 214.
3. The applicant provides his DD Form 214 and one page of a residential lease contract.
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. In conjunction with the applicant's enlistment in the U.S. Army Reserve (USAR) he completed DD Form 1966 (Application for Enlistment - Armed Forces of the United States) on 30 July 1979 wherein it shows in item 4 (Home of Record (HOR)), he listed Eatontown, NJ, as his HOR. In item 37 (Remarks) of this form shows he listed his residence from "June 1979 to present" as 56 Mxxxxx Lxxx, Eatontown, NJ. This form also shows that his parents lived in Eatontown, NJ
3. He enlisted in the USAR on 1 August 1979 for a period of 6 years. His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 1 August 1979, shows he enlisted at the Armed Forces Examining and Entrance Station (AFEES), Newark, NJ. This form also shows his HOR as Eatontown, NJ.
4. Active Duty Order Number 156-19, dated 1 August 1979, issued by AFEES, Newark, NJ, ordered him to active duty in the rank of private with a reporting date of 1 August 1979 to the U.S. Army Reception Station, Fort Dix, NJ.
5. He entered active duty at Fort Dix, NJ, on 1 August 1979. He was assigned to the USMAPS, Fort Monmouth, NJ, on 4 August 1979.
6. On 30 June 1980, he was assigned as a cadet to the USMA, West Point, NY. On 22 September 1980, he was honorably discharged.
7. The DD Form 214 he was issued shows the following entries in:
* item 6 (Place of Entry into Active Duty) Fort Dix, NJ
* item 19 (Mailing Address After Separation) 7 Cxxxxxxxxxx Cxxxx, Eatontown, NJ 07724
8. The applicant provides the first page of a residential lease contract, dated 24 September 1980, wherein his name is listed as one of three residents for rental property with a commencement date of 27 September 1980. This lease does not show where the rental property is located but shows the rent is to be paid at an address in College Station, TX. There are no dated signatures on this page.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered active duty at Fort Dix, NJ, which is correctly shown on his DD Form 214. Therefore, he is not entitled to this portion of the requested relief.
2. With regard to showing his address after separation as an address in College Station, TX, although he provided a lease that appears to show he entered a rental agreement commencing 27 September 1980 for property in Texas, he did not provide any evidence that shows prior to his discharge on 22 September 1980 he listed his address after separation as an address in Texas. In the absence of evidence to the contrary, it is presumed what the Army did in this case was correct and that his DD Form 214 correctly shows the address he listed as his address after separation. Therefore, there is an insufficient evidentiary basis for granting him this portion of 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 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) AR20120022323
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ABCMR Record of Proceedings (cont) AR20120022323
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