BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140017920
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 his DD Form 214 (Armed Forces of the United Stated Report of Transfer or Discharge) to show:
* his home of record (HOR) as 201 Downey Lane vice 201 Downby Lane
* award of the Safe Driving Medal (i.e., Safe Driving Award)
2. The applicant states his HOR is incorrect on his DD Form 214 and the Safe Driving Award he received prior to his discharge is not listed on his DD Form 214.
3. The applicant provides his DD Form 214 and a copy of his U.S. Passport.
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 December 1970 and he held military occupational specialty 64C (Motor Transport Operator). Item 40 (HOR) of his DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 21 December 1970, shows, in part, his HOR as 201 Downby Lane.
3. On 27 March 1971, he was assigned to the U.S. Army Combat Developments Command, Experimentation Command (USACDEC), Fort Ord, CA.
4. His record contains a USACDEC certificate, dated 12 July 1972, wherein it shows he was presented with the Safe Driving Award on that date in recognition of his prowess as an operator of a U.S. Army motor vehicle.
5. He was honorably released from active duty on 25 September 1972 and he was transferred to the U.S. Army Reserve.
6. Item 21 (HOR) of his DD Form 214 shows in part, his HOR as 201 Downby Lane. His DD Form 214 does not show the Safe Driving Award.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated to enter the HOR at the time of entry into active service in item 21.
8. Army Regulation 635-5 further stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's HOR was listed as 201 Downby Lane upon his entry on active duty. This HOR is properly shown on his DD Form 214. The governing regulation stated only decorations, medals, and ribbons are listed on the DD Form 214; there are no provisions to add certificates such as the Safe Driving Award to the DD Form 214. Therefore, he is not entitled to the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ __X______ _X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20140017920
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