IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130002217
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 home of record (HOR) as XX Mxxxxxxx Street, Uniontown, PA 15401.
2. The applicant states his HOR at the time of entry on active duty needs to be changed to the address listed above. He has never given up his PA residency.
3. The applicant provides his 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 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 records contain a DD Form 47 (Record of Induction), dated 21 May 1968, wherein it shows in item (HOR) the entry XXXX Axxxx Avenue, Cleveland, OH.
3. He was inducted into the Army of the United States (AUS) on 6 January 1969 in Pittsburgh, PA, and processed though the U.S. Army Recruiting Station, Fort Jackson, SC.
4. On 9 January 1969, he completed a DD Form 398 (Statement of Personal History) wherein he listed in item 15 (List All Residences from 1 January 1937) that he had lived at XXXX Axxxx Avenue, Cleveland, OH, from 1968 to 1969. No other addresses are listed.
5. His records contain a DD Form 1584 (National Agency Check Request), dated 15 January 1969, wherein item 13 (Residences) shows he lived at XXXX Axxxx Avenue, Cleveland, OH, from December 1966 to January 1969.
6. He was honorably released from active duty on 5 January 1971 and he was transferred to the U.S. Army Reserve. He completed 2 years of creditable active service.
7. Item 21 (HOR) of the DD Form 214 he was issued contains the entry XXXX Axxxx Avenue, Cleveland, OH 44100.
8. 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. In the version of the regulation in effect at the time, it stated in item 21 enter the HOR at the time of entry into active service.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his HOR as XXXX Axxxx Avenue, Cleveland, OH, upon his induction into the AUS. This HOR is correctly shown on his DD Form 214. Therefore, he is not entitled to 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) AR20130002217
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ABCMR Record of Proceedings (cont) AR20130002217
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