BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160004942 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160004942 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the existing entry from item 21 of his DD Form 214 and adding the address listed in 13 (Residences) of his DD Form 1584 (National Agency Check Request) (i.e., 37xxx Fl___ Street, Hinkley, CA 92347). 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application in excess of the above relief. _____________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. BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160004942 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: a. Correction of his DD Form 47 (Record of Induction), item 3a (Current Address) to show "P.O. Box 2XX, Hinkley, CA" instead of "22xxx Vio__ Street, Artesia, CA 90701." b. Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: (1) Item 5a (Grade, Rate or Rank) and 5b (Pay Grade), sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4. (2) Item 21 (Home of Record at Time of Entry into Active Service), to show "Hinkley, CA, San Bernardino County." 2. The applicant states: a. When he signed up for the draft in 1966, he was living at "22xxx Vio___ Street, Artesia, CA 90701." But, when he entered the service in January 1968 and went to Fort Ord, CA, he made an allotment for his wife listing his home address as Hinkley, CA. The Board can check where the allotment checks were mailed to his wife to verify his residence. b. The DD Form 214, item 21, lists his home of record as "22xxx Vio___ Street, Artesia, CA 90701," which is the address that was taken from the draft paperwork. This needs to be corrected to show his home of record as Hinkley, CA. c. The DD Form 214 also contains an error with respect to his rank/grade. His rank/grade should be listed as SGT/E-5. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) verifies his rank and grade. He is currently in a law suit and must verify that he was living in Hinkley, CA, upon entry into the service. 3. The applicant provides his DD Form 214 and the front page of his DD Form 47. 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, and 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 underwent an enlistment physical examination on 20 July 1967 at the Los Angeles, CA, Armed Forces Examining and Entrance Station (AFEES). His Standard Form 88 (Report of Medical Examination) listed: * His home address as "37xxx Flo___ Street, P.O. Box X, Hinkley, CA, 92387" * The name of his next of kin is listed as his wife and her address is listed as "37xxx Flo___ Street, P.O. Box X, Hinkley, CA, 92387" 3. The applicant was inducted into the Army of the United States on 23 January 1968. His DD Form 47 shows in: * Item 3 (Home of Record), Hinkley, San Bernardino, CA * Item 3a (Current Address), "22xxx Vio___ Street, Artesia, CA 90701" * Item 24b (Ordered to Report To - Organization), “6003 USARS (U.S. Army Reception Station)” * Item 24c (Location), Fort Ord, CA * Item 24e (Induction Station Where Inducted), AFEES Los Angeles, CA, 90015 4. Also on 23 January 1968, Los Angeles AFEES published Special Orders (SO) Number 16 ordering the applicant to report to the U.S. Army Reception Station, Fort Ord, CA, no later than 24 January 1968 for a 24-month active duty commitment. 5. Following his entry on active duty, on 26 January 1968, a DD Form 1584 (National Agency Check) was initiated. The applicant listed his places of residence as follows: * April 1967 to September 1967, Barstow, CA * September 1967 to January 1968, "37xxx Fl___ Street, Hinkley, CA" * January 1968 to Present, Fort Ord, CA 6. His DA Form 20 shows he reported to the U.S. Army Reception Station, Fort Ord, CA, on 23 January 1968. 7. On 5 April 1969, he completed a DA Form 41 (Record Emergency Data). This form shows in: a. Item 5 (Date, Place, and Home of Record at Last Entry on Active Duty), the applicant listed the entries "23 January 1968, AFEES, Los Angeles, CA," and "Home of Record: Hinkley, San Bernardino County, CA." b. Item 11a (Name and Address of Spouse), the name of his spouse and the address as P.O. Box X, Hinkley, CA 92347. 8. On 24 June 1969, he completed a DD Form 398 (Statement of Personal History). He listed/indicated: * His permanent mailing address as P.O. Box X, Hinkley, CA * He attended junior high school (1964/1965) in Long Beach, CA and senior high school (1965 to December 1967) in Barstow, CA * His spouse’s address is listed as P.O. Box X, Hinkley, CA * His residence from 1962 to 1966 is listed as 21xxx Vio___ Street, Artesia, CA, and his residence from 1966 to 1968 is listed as 37xxx Flo-- Street, Hinkley, CA 9. Following completion of training, he served in Germany and Vietnam. He was advanced to SGT/E-5 on 12 December 1969. 10. On 16 January 1970, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA published Special Orders (SO) Number 16 showing he was released from active duty and his: * home of record is listed as Los Angeles, CA * mailing address is listed as 12xxx E. 2xx Street, Lakewood, CA 90715 11. He was honorably released from active duty on 16 January 1970. His DD Form 214 shows in: * Items 5 and 5b, SP4 and E-4 respectively * Item 6 (Date of Rank), 16 July 1969 * Item 21, his home of record at time of entry into active service as "22xxx Vio___ Street, Artesia, CA 90701" * Item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge), 12xxx E. 2xx Street, Lakewood, CA 12. On 29 May 1980, he was issued a DD Form 215 (Correction to DD Form 214) that corrected his rank/grade to SGT/E-5 and his date of rank to 12 December 1969. REFERENCE: Army Regulation 635-5 (Personnel Separation - Separation Documents), dated 23 January 1967, prescribed the separation documents that would be furnished each individual who was separated from the Army, and established standardized procedures for the preparation and distribution of the separation document. Section III provided instructions for preparation and distribution of the DD Form 214. All available records would be used as a basis for the preparation of DD Form 214, including DA Form 20 and orders. For item 21a (for enlisted personnel), enter home of record at time of entry into active duty as shown on enlistment or induction record, regardless of place physically located at time of entry on active duty. DISCUSSION: 1. The DD Form 47 (Induction Record) became obsolete in the mid-1970s when the draft was ended. Since the DD Form 47 is not normally accessible by individuals other than the Soldier, there is no compelling basis or effective method for the Board to correct it. 2. The applicant's rank/grade was corrected by issuance of a DD Form 215 in May 1980. The applicant was provided a copy of this form by separate correspondence. 3. For enlisted personnel, item 21a of the DD Form 214 in effect at the time listed the home of record at time of entry into active duty as shown on enlistment or induction record, regardless of place physically located at time of entry on active duty. The evidence confirms the applicant resided at "37xxx Fl___ Street, Hinkley, CA" at the time of entry on active duty. The evidence shows this address should have been recorded on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004942 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004942 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2