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ARMY | BCMR | CY2003 | 2003085260C070212
Original file (2003085260C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 31 July 2003
         DOCKET NUMBER: AR2003085260

         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:

Ms. Gail J. Wire Chairperson
Ms. Karen A. Heinz Member
Mr. Robert Duecaster 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 19a (Mailing Address after Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to read Waukegan, IL, the same address as in item 7b (Home of Record).

APPLICANT STATES: The applicant makes no additional statement.

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

He enlisted in the Regular Army on 9 February 1988 from the Chicago Military Entrance Processing Station. His home of record (HOR) was listed on his enlistment contract as Waukegan, IL.

On 21 June 1990, while in Germany, the applicant reenlisted for 5 years. His HOR on his enlistment contract was listed as Waukegan, IL.

In June 1990, the applicant requested his June 1990 reenlistment contract be corrected to show his HOR as Tacoma, WA. An unknown agency made a (contrary to regulation) pen and ink change to his reenlistment contract to show his HOR as Tacoma, WA.

On or about 13 September 1990, the applicant was reassigned to Fort Lewis, WA. He was reassigned back to Germany on or about 21 September 1992. He was given a locally-imposed bar to reenlistment on 9 December 1992. He requested separation as he perceived he would be unable to overcome the bar to reenlistment and was honorably discharged on 23 December 1992.

Item 7b of the applicant's DD Form 214 shows his HOR as Waukegan, IL (as did his separation orders). Item 19a shows his mailing address after separation as Tacoma, WA.

Army Regulation 635-5 (Separation Documents) provides instructions for completing the DD Form 214. It states that the street, city, state and ZIP code listed as a soldier's HOR will be entered in item 7b. It states that the HOR is the place recorded as the HOR of the soldier when enlisted and cannot be changed unless there is a break in service of at least 1 full day. It further states that the HOR is not always the same as the legal domicile.

Army Regulation 635-5 states that the mailing address after separation will be provided by the soldier and entered in item 19a.

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 19a of the DD Form 214 is not meant to always be the same address as in item 7b. Item 7b is the place recorded as the HOR of the soldier when he or she enlisted. Item 19b is the mailing address after separation as provided by the soldier.

3. In this case, the evidence shows the applicant was living in Washington State (at Fort Lewis) shortly before he separated and even requested that his HOR be changed to Tacoma, WA. He separated within about 3 months of departing Fort Lewis. There is no evidence to show he did not provide the Tacoma address that was entered in item 19a.

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

__gjw___ __kah___ __rd____ DENY APPLICATION



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




INDEX

CASE ID AR2003085260
SUFFIX
RECON
DATE BOARDED 20030731
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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