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ARMY | BCMR | CY2003 | 2003083800C070212
Original file (2003083800C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2003083800

         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Lana E. McGlynn Member
Mr. Larry C. Bergquist 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: That item 19 (Mailing Address after Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show a Chicago, Illinois address.

APPLICANT STATES: That upon separation he was asked where he wanted copy 6 of his DD Form 214 sent. He requested it be sent to his grandmother's residence in Wisconsin so she would have access to his records if something ever happened to him. He never lived in Wisconsin. Illinois has always been his state of residence. He never realized this error until he applied for veterans benefits in 2000.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the Delayed Entry Program on 25 May 1976 from Chicago, Illinois. He listed his home of record as Chicago, Illinois. He enlisted in the Regular Army on 28 May 1976. He was released from active duty from Fort Riley, Kansas, on 27 May 1980. His separation orders listed his home of record as Chicago, Illinois.

Item 19 of the applicant's DD Form 214 listed his mailing address as N. Freedom, Wisconsin. Item 20 indicated he wanted copy 6 of his DD Form 214 sent to the Wisconsin Director of Veterans Affairs.

The applicant enlisted in the U. S. Army Reserve on 24 March 1982 from Fort Riley, Kansas. He listed his home of record at that time as Madison, Wisconsin.

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. In pertinent part it states that, if requested, copy 6 of the DD Form 214 will be forwarded to the proper State Director of Veterans Affairs the first workday after the separation date or offered to the service member if there is no Director of Veterans Affairs. It also states that the mailing address furnished by the individual at time of separation will be entered in item 19.

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. 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.

2. Item 19 of the DD Form 214 is not meant to record the address of the member's home or home of record. It is meant as a mailing address convenient to the member where certain documents, specifically copy 6 of the DD Form 214, could be mailed within days after separation.

3. As the applicant states, he wanted copy 6 of his DD Form 214 sent to his grandmother's address in Wisconsin. That was the address entered in item 19. The fact that he later moved (as evident from the information in his 1982 U. S. Army Reserve enlistment documents or in his application to the Board) is immaterial and does not make the entry in item 19 incorrect.

4. Even if item 20 of his DD Form 214, which shows he wanted a copy of his DD Form 214 be sent to the Wisconsin Director of Veterans Affairs, is incorrect, that error would be immaterial at this point in time.

5. 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

__fne___ __lem___ __lcb ___ DENY APPLICATION



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




INDEX

CASE ID AR2003083800
SUFFIX
RECON
DATE BOARDED 20030506
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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