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ARMY | BCMR | CY2002 | 2002070382C070402
Original file (2002070382C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 10 September 2002
         DOCKET NUMBER: AR2002070382

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. William D. Barr Member
Barbara J. Ellis Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, correction of item 7b (Home of Record at Time of Entry) and item 19a (Mailing Address After Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the same entry in item 19b (Nearest Relative).

APPLICANT STATES: In effect that her home of record (HOR) in item 7b and mailing address in item 19a of her DD Form 214 are incorrect. She also states that she has been married to another service member since 15 October 1988, intends to pursue an academic degree, and would like to utilize her HOR. In support of her application, she submits a copy of her DD Form 214 and a copy of her driver's license.

EVIDENCE OF RECORD: The applicant's military records show she enlisted in the US Army Reserve (USAR) on 4 April 1986, as a preventive medicine specialist, for a period of 8 years. She enlisted in the Regular Army on 12 June 1986, for a period of 3 years and continued to serve until she was honorably discharged on 28 November 1989, in order to reenlist. She reenlisted on 29 November 1989, and continued to serve until she was honorably released from active duty on 28 November 1991. She was transferred to the USAR.

Item 7b of her DD Form 214 and item 3 (Home of Record at Time of Entry) of her DD Form 4/1, dated 4 April 1986, show the same entry.

Item 3 of her DD Form 4/1, dated 29 November 1989, and item 19b of her DD Form 214 show the same entry.

Item 19a of her DD Form 214 shows a different entry than the entry shown in item 19b.

Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that a soldier’s enlistment contract (DD Form 4/1) or appointment document would be used as the source data for completion of item 7b of the DD Form 214. The HOR at time of entry will be entered in item 7b. It also states that item 19a and item 19b will be completed to show the mailing address after separation and nearest relative furnished by the individual at the time of discharge.

Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program. Table 11-1, item 3 (Home of Record) states that the street, city, state, and zip code will be entered. Home of Record is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty unless there is a break in service of more than one full day. Only if a break in service exceeds one full day, can the HOR be changed by the member.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The evidence of record shows that the HOR in item 3 of her DD Form 4/1, dated 4 April 1986 and item 7b of her DD Form 214, dated 28 November 1991, is correct. The evidence of record also shows that there was no break in service of more than one full day, at the time of her reenlistment, and her HOR remained the same in accordance with regulations. Therefore, she is not entitled to correction of item 7b of her DD Form 214, dated 28 November 1991.

2. At the time of her separation, she provided the mailing address shown in item 19a of her DD Form 214. There is no evidence to show that an error was made in her mailing address at the time of separation, therefore; there is no basis to correct her records as requested.

3. 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 applicant has failed to submit evidence that would satisfy this requirement.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__fe___ __wb____ __be______ DENY APPLICATION




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records



INDEX

CASE ID AR2002070382
SUFFIX
RECON
DATE BOARDED 20020910
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19911128
DISCHARGE AUTHORITY AR .635-200
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 1021
2.
3.
4.
5.
6.

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