ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  8 August 2019

	DOCKET NUMBER:  AR20170005242


APPLICANT REQUESTS:  to change mailing address (item 28) on DD Form 214 
(Report of Separation from Active Duty).  He also request a personal hearing before the 
Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 31 (Request and Authority for Leave)
*	Separation Memorandum, dated 22 May 1979
*	Mailing envelope with current address 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, in effect, on his DA Form 31 the leave address was XXX Hope 
Street Corning, Arkansas 72422, dated 6 February 1979.  The address on the
DD Form 214 has not been his mailing address since going on leave or his discharge.  
This was a major injustice and or error on the part of Capt. C_W.  No mail has been 
forwarded to him from XXXX Nottingham Drive, Ypsilanti, MI.  This was his address 
before he enlisted, but after he enlisted, his address changed.  The Army should have 
mailed all his mail to XXX Hope Street, Corning, Arkansas, as stated on his DA Form 31 
leave request, dated 6 February 1979.  He didn’t receive the separation documents 
memorandum dated 22 May 1979 with the Ypsilanti, Michigan address. 
 
3.  A review of the applicant’s service contains the following documents: 

  a.	At the time of enlistment, a DD Form 4 (Enlistment or Reenlistment Agreement 
Armed Forces of the United States), was completed and signed by him on 
3 March 1978.  While it shows his home of record address in item 5 was an address in 
YPSILANTI, MI, the form also shows in item 6 (Place of Enlistment), “DETROIT, MI”.

	b.  His leave address on his DA Form 31 shows XXX Hope Street Corning, Arkansas 
XXXXX, as well as the return address on the request to the Board.

	c.  The memorandum (Separation Document) from the United States Disciplinary 
Barracks US Army Combined Arms Center at Fort Leavenworth, KS show the applicant 
address as XXXX Nottingham Drive, Ypsilanti, MI. XXXXX.

	d.  DD Form 214 issued on 22 May 1979, shows in: 

*	item 8c (Home of Record at Time of Entry into Active Service), Ypsilanti, MI.,  
XXXXX”
*	item 28 (mailing address after separation), XXXX __ Nottingham Drive, 
Ypsilanti, MI.  XXXXX”

4.  By regulation (AR 15-185), an applicant is not entitled to a hearing before the 
ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the Director of 
the ABCMR.

5.  Joint Federal Travel Regulation provides that the HOR is the place recorded as the 
home of the individual at the time of enlistment or induction.  There is no authority to 
change the HOR as officially recorded at time of entry into the military service.  It may 
only be change if a bona fide error was made and the HOR as corrected must have 
been the actual home of the individual at the time of entry into the relevant period of 
service.  It may not be a place selected for the convenience of the Soldier.

6.  Army Regulation 635-5 (Separation Documents) in effect at the time stated to enter 
in item 21 the HOR at time of entry into active duty as shown on the enlistment or 
induction record, regardless of the place physically located at time of entry on active 
duty.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was not warranted.  Based upon the documentary evidence provided by the 
applicant and found within his military service record, the Board concluded that there 
was insufficient evidence of an error or injustice which warranted changing the mailing 
address on the applicant’s DD Form 214.  The DD Form 214 reflects information that is 
known at the time of publication of the document.  If information is incorrect, the burden 
of showing how the information has negatively impacted the applicant or is wrong is 
upon the applicant.  Based upon the information provided, the Board found that there 
was insufficient evidence provided by the applicant to show that the address on the DD 
Form 214 was wrong at the time of publication.  The Board acknowledges that the DA 
Form 31 submitted with the application had a different address, but that address could 
have been a short term address and does not change the address to be reflected on the 
DD Form 214.  For that reason, the Board recommended denying the applicant’s 
request for relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.
	  
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 
2-11, states applicants do not have a right to a formal hearing before the ABCMR.  The 
Director of the ABCMR may grant a formal hearing whenever justice requires.

3.  Army Regulation 635-5 (Separation Documents) 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.  The version of the regulation in effect at the time 
stated to enter in item 8c the Home of Record (HOR) at time of entry into active duty as 
shown on the enlistment or induction record, regardless of the place physically located 
at time of entry on active duty.

4.  The Joint Federal Travel Regulation provides that the HOR is the place recorded as 
the home of the individual at the time of enlistment or induction.  There is no authority to 
change the HOR as officially recorded at time of entry into the military service.  
However, there is authority to correct an HOR if erroneously entered on the records at 
that time and then only for travel and transportation purposes.  Correction of the HOR 
must be based on evidence that a bona fide error was made and the HOR as corrected 
must have been the actual home of the individual at the time of entry into the relevant 
period of service.  It may not be a place selected for the convenience of the Soldier.

ABCMR Record of Proceedings (cont)	 AR20170005242

4

1