IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20140014451
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 19a (Mailing Address After Separation) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the address shown in block 19a "16XX E Ladrillo Wilmington, NC 28401" is not a valid address. The address is a typographical error. The correct address is "16XX E Ladrillo El Paso, TX 79901".
3. The applicant provides 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 enlisted in the Regular Army on 21 May 1987. After completing initial entry training, he was awarded military occupational specialty 16T (Patriot Missile Crewmember).
3. On 6 June 1995, he was honorably released from active duty and transferred to Service Battery, 3rd Battalion, 133rd Field Artillery, El Paso, TX. The
DD Form 214 issued at that time shows in item 19a the entry "16XX E Ladrillo Wilmington, NC 28401"
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states that information contained in item 19a will be provided by the Soldier. This address must be a permanent address.
DISCUSSION AND CONCLUSIONS:
1. The applicant was released from active duty and transferred to a Reserve unit in El Paso, TX. This supports his contention that he had a TX mailing address after separation.
2. It appears there is a typographical error in the address listed in Block 19a of his DD Form 214. The address should be listed as 16XX E Ladrillo El Paso, TX 79901.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 Block 19a of his DD Form 214 the entry "16XX E Ladrillo Wilmington, NC 28401" and replacing it with the entry "16XX E Ladrillo El Paso, TX 79901."
__________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) AR20140014451
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ABCMR Record of Proceedings (cont) AR20140014451
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