IN THE CASE OF:	  

		BOARD DATE:	  24 October 2013

		DOCKET NUMBER:  AR20130003946 


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, in effect, correction of the address shown in item 33 (Permanent Address for Mailing Purposes After Transfer or Discharge) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 December 1959.

2.  The applicant states the mailing address listed is wrong and he never lived in the place.  Further, if any mail was sent to that address, he never received it.

3.  The applicant provides a copy of his DD Form 214 for the period ending 4 December 1959.

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.  On 5 December 1956, the applicant enlisted in the Regular Army (RA).  He completed training and he was awarded military occupational specialty 550 (Supply Handler).

3.  Item 6 (Home Address) of the applicant's DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 5 December 1956, shows his home address in Albany, NY.  This same address is shown in item 23 (Home of Record (HOR) at the Time of Entry into Active Service) on his DD Form 214.

4.  The applicant's DD Form 93 (Record of Emergency Data), dated
17 September 1958, shows in item 6 (Home Address at Time of Last Entry into Service) the same HOR address.

5.  On 4 December 1959, the applicant was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Corps (Reserve) to complete his remaining service obligation.  Item 33 of this DD Form 214 shows an address in Amsterdam, NY.

6.  After having a break in service, on 31 March 1960, the applicant again enlisted in the RA.  His DD Form 4 for this enlistment shows the same Albany, NY HOR address used during his first enlistment.

7.  Special Orders Number 37, dated 26 March 1963, and Special Orders Number 53, dated 26 April 1963, both issued by Headquarters U.S. Army Medical Detachment 1325, U.S. Naval Hospital, St. Albans LI, NY, show the applicant's HOR as the same Albany, NY address used at the time of his enlistments.

8.  On 1 May 1963, the applicant was retired by reason of temporary disability and he was placed on the Temporary Disability Retired List on the next day.  Item 33 of this DD Form 214 shows an address in Albany, NY that is not the same as his HOR address.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The regulation, in effect at the time, stated to enter in item 33 the permanent address for mailing purposes furnished by the individual at the time of separation.


10.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change in item 33 of his DD Form 214 for the period ending 4 December 1959 was carefully considered.

2.  His record shows he used an Albany, NY HOR address throughout his military service which is not in question.  However, in accordance with the regulation in effect at the time, the applicant was required to provide in item 33 a permanent address for mailing purposes at the time of his separation.  He apparently did so by providing two different addresses, neither was his HOR address, for his respective DD Forms 214 for the period ending 4 December 1959 and 1 May 1963.  

3.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial creditable evidence to rebut the presumption.

4.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20130003946



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130003946



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1