IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130009220
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 item 21 (Home of Record (HOR)) of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show his HOR as Clintwood, VA, vice Clinton, VA.
2. The applicant states when he entered active service he lived in Clintwood, VA and his DD Form 214 lists Clinton, VA. His home towns name is Clintwood and not Clinton. He still lives in Clintwood, VA, and his zip code is the zip code listed on his DD Form 214. He has had problems with identity theft and he believes if this is corrected it will assist him in curtailing additional problems with identity theft.
3. The applicant provides a copy of 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 was inducted into the Army of the United States on 14 July 1966. His records contain the following:
* DD Form 47 (Record of Induction), dated 16 May 1966, which lists his HOR as Clintwood, Dickenson County, VA, and his current address as Clintwood, VA
* DA Form 41 (Record of Emergency Data), dated 2 May 1967, which lists his HOR as Clintwood, Dickenson County, VA
* Special Orders Number 176, issued by Headquarters, 6th Infantry Division and Fort Campbell, KY, dated 12 July 1968, releasing him from active duty; these orders list his HOR as Clintwood, VA
3. He was released from active duty on 12 July 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 lists his HOR as Clinton, VA.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 21 would list the HOR at the time of entry. That could not be changed unless there was a break in service of at least one full day (Joint Travel Regulation, Volume 1, Appendix A, Part I).
5. The Joint Federal Travel Regulations serve as the authority for correcting an HOR that was erroneously entered at the time of an individuals entry on active duty. The Joint Travel Regulations define an individuals HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. It states a correction must be based on evidence that a bona fide error was made at the time of entry into the relevant period of service. It must not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicants contention that his home towns name is Clintwood and not Clinton. It appears an administrative error occurred during the processing of his 1968 DD Form 214 and his home town was listed as Clinton, VA.
2. Regulatory guidance provides for correction of the HOR based on evidence of a bona fide error being made. Therefore, he is entitled to correction of item 21 of his DD Form 214 to list his HOR as Clintwood, VA.
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 from item 21 of the applicants DD Form 214 the entry, "Clinton, VA" and replacing it with the entry, "Clintwood, VA."
_______ _ _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) AR20130009220
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ABCMR Record of Proceedings (cont) AR20130009220
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