IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140005980
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 the home of record listed on his 1 January 2011 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the home of record on his DD Form 214 should be Norwich rather than New London, Connecticut.
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, with approximately 23 1/2 years of prior active duty and inactive duty service, enlisted in the Connecticut Army National Guard on 11 June 2009.
3. The DD Form 1966/1 (Record of Processing Armed Forces of the United States) dated 11 June 2009, item 4 (Home of Record (Street City, County, State, Country, Zip Code)) lists the same address as shown in item 3 (Current Address) as
"XXX Washington Street, Norwich,
New London, CT USA, 06360"
4. His DD Form 214 shows in item 7b a home of record of XX Washington Street, New London, Connecticut 06360.
5. On-line zip code directories show that zip code 06360 is Norwich, Connecticut in New London County. The zip code for the city of New London is 06320.
6. Army Regulation 635-5 (Separation Documents), then in effect, provides item-by-item instructions for completing a DD Form 214, including item 7b (Home of Record at Time of Entry). It provides that a Soldier's initial enlistment contract or appointment document is the source for this data. It also notes that, "Home of Record" is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations, Volume 1, Appendix A, Part I).
DISCUSSION AND CONCLUSIONS:
1. It appears that the individual preparing the applicant's 2011 DD Form 214 misinterpreted the information entered on the DD Form 1966/1 and entered the name of the county in place of the name of the city when completing item 7b.
2. In view of the foregoing it would be appropriate to correct the applicants records as recommended below
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 changing item 7b of his 2011 DD Form 214 to show the home of record as Norwich, CT.
__________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) AR20140005980
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ABCMR Record of Proceedings (cont) AR20140005980
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