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ARMY | BCMR | CY2003 | 2003091340C070212
Original file (2003091340C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 November 2003
         DOCKET NUMBER: AR2003091340


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

Mr. Carl W. S. Chun Director
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Robert Duecaster Chairperson
Ms. Joann Langston Member
Ms. Linda D. Simmons Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests that item 19a (Mailing Address After Separation) and item 19b (Nearest Relative) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his new address in Florida.

2. The applicant states, in effect, that his DD Form 214 should be changed in order to prove his Florida residency for educational purposes and to obtain resident tuition.

3. The applicant provides a copy of his DD Form 214 and his Army/Air Force Leave and Earnings Statement for the period 1 to 28 February 1993.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Regular Army on 24 November 1982 in San Juan, Puerto Rico. His enlistment contract is not available. He continued to serve on active duty through a series of reenlistments and was retired on 31 March 2003.

2. The applicant's DD Form 214 shows he was separated from Fort Leonard Wood, Missouri. Item 19a shows his mailing address after separation as Waynesville, Missouri. Item 19b shows the mailing address for the nearest relative as the same address in Waynesville, Missouri.

3. The applicant's Leave and Earnings Statement for the period 1 to 28 February 1993 shows he paid Florida state taxes during this period.

4. Army Regulation 635-5 (Separation Documents) states that the mailing address after separation and the nearest relative will be provided by the soldier and entered in item 19a and item 19b of the DD Form 214.

DISCUSSION AND CONCLUSIONS :

1. The applicant's DD Form 214 shows his mailing address after separation and the address of his nearest relative as Waynesville, Missouri.

2. The applicant's Leave and Earnings Statement for the month of February 1993 shows he paid Florida state taxes. However, that is irrelevant to the fact he was residing in Missouri at the time of his retirement. Based on Army

Regulation 635-5, items 19a and 19b of the DD Form 214 are the mailing address after separation and address of nearest relative as provided by the soldier.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

RD______ JL______ LDS_____ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  Robert Duecaster______
                  CHAIRPERSON




INDEX

CASE ID AR2003091340
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031120
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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