IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140010661
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 that item 31 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the State of Iowa.
2. The applicant states that item 31 of his DD Form 214 incorrectly reflects the State of Michigan when in fact Alameda County and the Zip Code of 52151 are in Iowa.
3. The applicant provides a copy of his DD Form 214 and a Zip Code report.
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 on 10 February 1970. At the time of his induction he indicated that his father resided in Lansing, Iowa. He completed his one-station unit training as a light weapons infantryman at Fort Lewis, Washington and was transferred to Vietnam on 11 July 1970.
3. He completed his tour in Vietnam on 10 July 1971 and was transferred to Fort Riley, Kansas where he remained until he was honorably released from active duty (REFRAD) on 12 October 1971. He had served 1 year, 8 months and 3 days of active service. His DD Form 214 issued at the time of his REFRAD shows in item 31 the entry Gen Del Lansing, (Allamakee) Michigan 52151.
4. A review of the Zip Code directory shows Zip Code 52151 as being Lansing, Iowa.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been noted and found to have merit.
2. The Zip Code of 52151 is in Lansing, Iowa. However, his DD Form 214 incorrectly reflects the State of Michigan instead of Iowa.
3. Accordingly, his DD Form 214 should be corrected to show in item 31 the State of Iowa instead of the State of Michigan.
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 showing in item 31 of his DD Form 214 the State of Iowa instead of the State of Michigan.
_______ _ 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) AR20140010661
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ABCMR Record of Proceedings (cont) AR20140010661
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