IN THE CASE OF: BOARD DATE: 12 November 2008 DOCKET NUMBER: AR20080011392 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge), be changed to 1__7 North Dearborn Street, Chicago, Illinois. 2. The applicant states, in effect, that after his release from active duty he was returning to his previous job in Chicago. At the time he was interviewed, he did not have an apartment in Chicago and the interviewer did not want to use his work address. Therefore, his parents' address was used. He relates that he can receive State of Illinois veteran's benefits only if he can prove he returned to Illinois within 6 months of his separation from the Army. 3. The applicant provides copies of his DD Form 214 and an Illinois Student Assistance Commission letter to the effect that he needed to prove he had returned to Illinois within 6 months of separation. He also submits a photocopy of the front of an envelope. It was postmarked 20 April 1965 [nearly 2 months before his induction] and shows his mother's return address and his address at his work location in Chicago. 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 11 June 1965. His Record of Induction (DD Form 47) shows that he had been transferred to the jurisdiction of Chicago Draft Board Number 12 and that his then current address was 1__7 North Dearborn Street, Chicago, Illinois. The associated Report of Medical Examination lists the same address and provides his parents' address as Greenwood, Delaware. 3. He was separated early as an overseas returnee on 16 May 1967. Item 21 (Home of Record [HOR] at Time of Entry into Active Service) of his DD Form 214 shows 1__7 North Dearborn Street, Chicago, Illinois. Item 31 that the applicant now wants changed shows his parents' address in Greenwood, Delaware. 4. His separation orders show he was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) effective 16 May 1967. It also shows his HOR as Chicago, Illinois and his permanent address as LaSalle Street, Chicago, Illinois. 5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. At that time, the item by item directions made it clear that the address that should be entered was one that would best facilitate the forwarding/receipt of mail. It also explained that the block was not to be construed as a designation of a home of selection [for those who were eligible to do so under the JTR (Joint Travel Regulations)]. DISCUSSION AND CONCLUSIONS: 1. The intended purpose for the address in Item 31 was only for forwarding of mail after transfer or discharge. Therefore, changing this address would not show that he returned to Illinois after separation. 2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The record does not contain and the applicant has failed to submit evidence that would satisfy this requirement. 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 that 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) AR20080011392 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080011392 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1