BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017173 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: 6 April 2017 DOCKET NUMBER: AR20150017173 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 amending his DD Form 214, item 15 to show 3 January 1969. 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 that pertains to the applicant’s request to change his home of record address to his current address. ______________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: 6 April 2017 DOCKET NUMBER: AR20150017173 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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show he entered active duty on 3 January 1969 instead of 3 January 1968, and to change his address. 2. The applicant states his DD Form 214 is incorrect, since he would have been 16 years old in 1968. At that time, was attending Teaneck High School in NJ. He also states his address is now an address in Miami Gardens, FL. 3. The applicant provides a 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's DD Form 214 shows he enlisted in the Regular Army on 3 January 1968. 3. A DD Form 373 (Consent, Declaration of Parent or Legal Guardian) shows the applicant’s mother gave her consent for him to join the U.S. Army. The date of the document is 28 December 1968. The address shown on the form is an address in New York. 4. A DA Form 3286 (Statements for Enlistment) shows the applicant signed the form on 30 December 1968, and it was signed by the career counselor on 31 December 1968. 5. The applicant’s DD Form 214 shows he was discharged on 10 March 1971. He completed 2 years, 4 months, and 16 days of net active service. 6. His DD Form 214 shows his home of record (HOR) as an address in NY. REFERENCES: Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION: 1. The applicant contends that his enlistment date should be amended to show he entered active duty on 3 January 1969 and that his current address be listed on his DD Form 214. 2. The evidence of record shows the applicant received parental consent to join the U.S. Army on 28 December 1968 and completed his statement of enlistment on 30 December 1968. The evidence shows a clerical error was made on the applicant’s DD Form 214, since he could not have entered active duty service before the date of his enlistment. 3. The applicant’s HOR address listed on his DD Form 214 is the address he provided when he enlisted. The HOR does not change during a period of active duty service. Post-service address changes are not a basis for changing the HOR on the DD Form 214. The DD Form 214 reflects the facts as they existed at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017173 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017173 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2