RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  7 August 2007
	DOCKET NUMBER:  AR20070002699 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Ernestine Fields

Member

Mr. Randolph J. 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, in effect, correction of item 7b (Home of Record at Time of Entry), of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 10 July 1991, to show the entry "Chicago, IL" instead of the entry "Atlanta, GA."

2.  The applicant states, in effect, that she was born and raised in Chicago and entered the service while residing in Chicago; however, item 7b, of her DD Form 214, lists her home of record (HOR) as "Atlanta, GA."  She also states that she needs this action corrected in order to receive her Illinois school grant.

3.  The applicant provides a copy of her DD Form 214, dated 10 July 1991, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 10 July 1991, the date of her release from active duty.  The application submitted in this case is dated 10 October 2006 but was received for processing on 23 February 2007.

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.  The applicant's military records show she was appointed in the United States Army Reserve (USAR) as a commissioned officer effective 7 December 1984, in the rank of second lieutenant (2LT/O-1).

4.  A review of her appointment memorandum shows her home address as
"--- West Cornelia, Apt (apartment) # ---, Chicago, Il  60657."

5.  The applicant was promoted to first lieutenant (lLT/O-2) effective 6 December 1987.  

6.  A review of several source documents, from her OMPF (Official Military Personnel File), show her place of birth as "Chicago, IL."

7.  The applicant's official military personnel file (OMPF) contains a copy of U.S. (United States) Army Reserve Personnel Center (now known as the Army Human Resources Command [AHRC]) Orders Number M-09-5000275, dated 12 September 1990, which show she was ordered to active duty, at Fort Hood, Texas, for a period of 90 days, in support of the Presidential Callup with a reporting date of 19 September 1990.  The home address shown on her orders is "--- Greenwood Ave (Avenue) NE (Northeast) # -, Atlanta, GA  30306."

8.  The applicant was released from active duty on 10 July 1991.  She was transferred to a troop program unit (TPU), of the USAR.  Her release from active duty orders show her HOR and place of entry on active duty (EAD) or OAD (ordered to active duty) as "Atlanta, GA" and her mailing address as
"--- Greenwood Avenue NE # -, Atlanta, GA  30306."

9.  Item 7a (Place of Entry Into Active Duty) and item 7b, of her DD Form 214, dated 10 July 1991, shows the entry "Atlanta, GA."

10.  Item 19a (Mailing Address After Separation), of her DD Form 214, dated 10 July 1991, shows her mailing address after separation as "--- Greenwood Ave NE 7, Atlanta, GA, 30306," and item 19b (Nearest Relative), shows her nearest relative address as "--- W (West) Junior Terrace # ---, Chicago, IL  60651."

11.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was born in Chicago, IL.  

2.  At the time of her entry on active duty, on 19 September 1990, the applicant provided her home address as "--- Greenwood Avenue Northeast # -, Atlanta, GA  30306."  

3.  She was released from active duty on 10 July 1991 and was transferred to a TPU.  She provided officials with her address and was ordered to active duty from "Atlanta, GA."  Her mailing address on the date she was ordered to active duty was "--- Greenwood Avenue NE # -, Atlanta, GA  30306."  This is the same address indicated on her release from active duty orders dated 17 June 1991, with an effective date of 10 July 1991.

4.  Item 7b, of her DD Form 214, dated 10 July 1991, show her HOR as "Atlanta, GA" and this entry is correct as currently constituted.  There is no evidence to show that an error was made in the identification of her HOR at the time of her release from active duty.  Therefore, there is no basis to correct her records as requested.  She is not entitled to correction of item 7b (Home of Record at Time of Entry), of her DD Form 214, dated 10 July 1991, to show the entry "Chicago, IL."

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

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 July 1991; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 July 1994.  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

___RJF__  __EF____  __LDS__  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.




_____Linda D. Simmons____
          CHAIRPERSON




INDEX

CASE ID
AR20070002699
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070807
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
YY19970422
DISCHARGE AUTHORITY
AR 140-10/135-175
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.