RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 JANUARY 2006
      DOCKET NUMBER:  AR20050004416


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Randolph Fleming              |     |Member               |

      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 19 on his 1985 separation document be
corrected to show an address in Bloomington, Illinois vice the address in
Lawton, Oklahoma.

2.  The applicant states that he returned to Illinois immediately after
being discharged and that the address listed on his separation document is
the address he was residing at while stationed at Fort Sill, Oklahoma.  The
applicant indicates that the State of Illinois provides Veterans with
education benefits but he is unable to obtain those benefits because of the
address listed in item 19 on his separation document.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1985.  The application submitted in this case is
dated
17 March 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate the applicant entered active
duty in April 1980.  His enlistment contract notes his Home of Record at
the time was in Heyworth, Illinois and that he entered active duty in
Chicago.  In November 1982 he executed a reenlistment contract.  That
enlistment contract notes his Home of Record as Bloomington, Illinois.

4.  On 1 May 1985 the applicant, while serving at Fort Sill, Oklahoma,
departed AWOL (absent without leave).  On 31 May 1985 he was dropped from
the rolls of the Army.  His report of suspension of favorable personnel
actions (Department of the Army Form 268) indicates the address in
Bloomington, Illinois, which the applicant is now seeking to have reflected
on his separation document, was his Home of Record address.
5.  On 17 June 1985 the applicant surrendered to military authorities at
Fort Sill and subsequently requested discharged under the provisions of
Chapter 10, Army Regulation 635-200, in lieu of court-martial.

6.  Documents prepared as part of the applicant's request for an
administrative separation indicate that he, his spouse, and two children
were residing at the Lawton, Oklahoma address currently reflected on his
1985 separation document. The applicant indicated in his request for excess
leave pending finalization of his discharge that his leave address would be
in Lawton, Oklahoma.

7.  The applicant's request for discharge was approved and on 31 July 1985,
after being on excess leave for 43 days, the applicant was discharged under
other than honorable conditions.  His separation document reflects Chicago,
Illinois as the place of entry on active duty and the Lawton, Oklahoma
address as his mailing address after separation in item 19.

8.  Army Regulation 635-5, which established the policies and provisions
for the preparation of separation noted, during the period in question,
that item 19 would reflect the mailing address furnished by the individual
at time of separation.  The address served as a basis for contacting a
Soldier within a short time after separation in the event the need arose.
The address was never intended to be changed or updated each time the
individual or family member relocated following a Soldier’s separation.

9.  Information from the State of Illinois Veterans Affairs web-site
indicated, in part, that Illinois Veterans who served at least 1 year of
Federal active duty in the Armed Forces of the United States, who were
honorably discharged, resided in Illinois within 6 months before entering
active duty or within 6 months prior to entering the service, and returned
within 6 months after leaving Federal active duty service were eligible for
benefits under the Illinois Veteran Grant Program.  The program pays for
eligible tuition and allowable fees at any Illinois public college or
community college.

DISCUSSION AND CONCLUSIONS:

1.  The evidence indicates the applicant provided the Lawton, Oklahoma
address as his mailing address as part of his separation processing.  The
fact that he may have subsequently returned to Illinois or that he may have
returned to Illinois immediately following his discharge is not evidence of
any error or injustice in the information reflected on his separation
document.

2.  The fact that the information on his separation document may now be
hampering his ability to secure state educational benefits is not a basis
to change information correctly recorded 20 years ago.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1985; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 July 1988.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WP___  __RT____  __RF ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.


                                  _____ William Powers________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004416                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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