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ARMY | BCMR | CY2007 | 20070010324
Original file (20070010324.TXT) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 November 2007
	DOCKET NUMBER:  AR20070010324 


	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

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Scott W. Faught

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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

	a.  Item 19a (Mailing Address After Separation) from Newport News, Virginia 23604 to Roanoke, Virginia 24017, and,

	b.  Item 19b (Nearest Relative Name and Address) from B****a M. A****n, Richmond, Virginia 23224 to V********L P. A****n, Roanoke, Virginia, 24017.

2.  The applicant states that he gave the correct information to the U.S. Army Transition Point prior to his discharge.

3.  The applicant provides a copy of his DD Form 214, dated 21 September 2005; and copy of his DD Form 214 (Report of Separation from Active Duty), dated 2 June 1975, in support of his application.  He further submitted additional documentary evidence on 15 November 2007 that included a copy of his Lease Agreement, dated 20 July 2007; copy of his Certificate of Marriage, dated
4 December 2003; and a self-authored statement, dated 15 November 2007, restating his request to correct Items 19a and 19b.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he was a U.S. Army Reserve (USAR) sergeant first class (SFC)/pay grade E-7.  He was ordered to active duty on 7 December 2003 in support of Operation Enduring Freedom.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Retired) on 21 September 2005 by reason of physical disability. 

2.  Item 19a of the applicant's DD Form 214, issued by the U.S. Army Transition Point, Fort Eustis, Virginia, shows the mailing address upon separation as Newport News, Virginia, 23604.  Item 19b shows the nearest relative as B****a M. A****n and the address as Richmond, Virginia 23224.

3.  The applicant authenticated his DD Form 214 indicating that he has reviewed the form and accepted the information as being correct to the best of his knowledge.

4.  The applicant submitted a copy of his Lease Agreement, showing that he moved into the requested address on 20 July 2007.  He also submitted a copy of his marriage certificate, dated 4 December 2003. 
4.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The mailing address and nearest relative are provided by the Soldier.  This address must be a permanent address.  Civilian penal institutions will not be accepted.  Soldiers are advised that the name and address of a relative should be someone who will know their location and address at all times. When a relative is not available, a close friend is used.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of Items 19a and 19b to show the correct mailing address and nearest relative.

2.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jtm___  __jrm___  __swf___  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.




							John T. Meixell
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070010324
SUFFIX

RECON

DATE BOARDED
20071129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.


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