IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130014899
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 28 (Mailing Address After Separation) of his DD Form 214 (Report of Separation from Active Duty) and a personal appearance before the Board.
2. The applicant states, in effect, item 28 of his DD Form 214 should list the city and state for his home of record as East St. Louis, IL and not St. Louis, MO. He entered into the service, was discharged, and lived at the same address. It is not in St. Louis, MO.
3. The applicant provides no additional evidence.
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 enlisted in the Regular Army on 7 September 1976. His record contains a DD Form 1966/1 (Application for Enlistment Armed Forces of the United States) and a DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) which both list the city and state for his home of record as East St. Louis, IL 62204.
3. He was discharged on 19 June 1978. His DD Form 214 lists in:
* Item 8c (Home of Record At Time of Entry Into Active Service) - St. Louis, MO
* Item 28 - the city and state for his mailing address as St. Louis, MO
4. Army Regulation 635-5 (Separation Documents, in effect at the time, govern 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 28 would be provided by the Soldier and must be a permanent address. There are no provisions for correction of that address at a later date.
5. Army Regulation 15-185 (ABCMR), paragraph 2-11, states applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing (personal appearance) whenever justice requires.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicants contention that the city and state of his home of record is East St. Louis, IL. It appears an administrative error occurred during the processing of his DD Form 214 and the city and state was listed as St. Louis, MO.
2. Regulatory guidance provides for correction of the home of record based on evidence of a bona fide error being made. Therefore, he is entitled to correction of items 8c and item 28 of his DD Form 214 to list the city and state of his home of record as East St. Louis, IL.
3. With respect to the personal hearing, his request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.
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 amending items 8c and 28 of the applicant's DD Form 214 to show the city and state of his home of record as East St. Louis, IL.
_____________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) AR20130014899
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ABCMR Record of Proceedings (cont) AR20130014899
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