IN THE CASE OF:
BOARD DATE: 12 November 2008
DOCKET NUMBER: AR20080011392
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge), be changed to 1__7 North Dearborn Street, Chicago, Illinois.
2. The applicant states, in effect, that after his release from active duty he was returning to his previous job in Chicago. At the time he was interviewed, he did not have an apartment in Chicago and the interviewer did not want to use his work address. Therefore, his parents' address was used. He relates that he can receive State of Illinois veteran's benefits only if he can prove he returned to Illinois within 6 months of his separation from the Army.
3. The applicant provides copies of his DD Form 214 and an Illinois Student Assistance Commission letter to the effect that he needed to prove he had returned to Illinois within 6 months of separation. He also submits a photocopy of the front of an envelope. It was postmarked 20 April 1965 [nearly 2 months before his induction] and shows his mother's return address and his address at his work location in Chicago.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of
Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted on 11 June 1965. His Record of Induction (DD Form 47) shows that he had been transferred to the jurisdiction of Chicago Draft Board Number 12 and that his then current address was 1__7 North Dearborn Street, Chicago, Illinois. The associated Report of Medical Examination lists the same address and provides his parents' address as Greenwood, Delaware.
3. He was separated early as an overseas returnee on 16 May 1967. Item 21 (Home of Record [HOR] at Time of Entry into Active Service) of his DD Form 214 shows 1__7 North Dearborn Street, Chicago, Illinois. Item 31 that the applicant now wants changed shows his parents' address in Greenwood, Delaware.
4. His separation orders show he was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) effective 16 May 1967. It also shows his HOR as Chicago, Illinois and his permanent address as LaSalle Street, Chicago, Illinois.
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. At that time, the item by item directions made it clear that the address that should be entered was one that would best facilitate the forwarding/receipt of mail. It also explained that the block was not to be construed as a designation of a home of selection [for those who were eligible to do so under the JTR (Joint Travel Regulations)].
DISCUSSION AND CONCLUSIONS:
1. The intended purpose for the address in Item 31 was only for forwarding of mail after transfer or discharge. Therefore, changing this address would not show that he returned to Illinois after separation.
2. 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 record does not contain and the applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ 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.
__________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080011392
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080011392
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070002699
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...
ARMY | BCMR | CY2014 | 20140011376
The applicant, the sister-in-law of a deceased former service member (FSM), requests the home of record (HOR) listed on the FSM's DD Form 1300 (Report of Casualty) be changed from Chicago, Illinois to Galena, Jo Daviess County, Illinois. A DD Form 47 (Record of Induction) shows no entry in item 3 (Home of Record). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the HOR Chicago, Illinois listed in item 4 of his...
ARMY | BCMR | CY2014 | 20140004542
The applicant requests correction of the entry shown in item 7b (Home of Record) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) is Chicago, IL 60607. The evidence of record confirms the applicant's HOR was identified as "Dearborn, Wayne, MI" during his enlistment processing as shown on his DD Form 4 and DD Form 1966/1 contained in his military record. Accordingly, his HOR is correctly documented throughout his military record and...
ARMY | BCMR | CY2011 | 20110009601
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as Illinois. The applicant's request to have his DD Form 214 corrected to show his HOR as Illinois was carefully considered. Although contemporary DD Forms 214 show the HOR, the DD Form 214 the applicant was issued at the time of his separation did not have any provisions for entering the HOR.
ARMY | BCMR | CY2009 | 20090018369
Application for correction of military records (with supporting documents provided, if any). By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service. ABCMR Record of Proceedings (cont) AR20090018369 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2009 | 20090020326
Application for correction of military records (with supporting documents provided, if any). The applicant states that his mailing address after separation should be Chicago, Illinois, and not Dayton, Ohio. Neither the evidence submitted with the application nor the evidence of record supports that Item 19 of his DD Form 214 is in error or unjust.
ARMY | BCMR | CY2013 | 20130004063
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as Chicago, IL. The available evidence shows that his HOR was listed as Chicago, IL during his period of service in the ARNG/USAR; however, after a break in service he enlisted in the Regular Army and listed his HOR as Toa Baja, Puerto Rico on his enlistment contract. The evidence shows the applicant recorded Toa Baja, Puerto Rico as his HOR when he...
ARMY | BCMR | CY2012 | 20120004557
The applicant requests correction of item 21 (Home of Record (HOR) at Time of Entry into Active Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "2448 P----------- Dr., Weslaco, TX. The evidence of record supports the applicant's request to correct item 21 of his DD Form 214 to show an address in Weslaco, TX. There is no evidence showing the street address of his HOR was "2448 P----------- Dr." at the time of induction.
ARMY | BCMR | CY2010 | 20100015399
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as Pawnee, Illinois. HOR is the place recorded as the HOR of the Soldier when enlisted. The applicant's DD Form 214 ending on 16 March 2005, shows his HOR as Spring Lake, North Carolina, which agrees with the HOR indicated on his DD Form 4 dated in 2001.
ARMY | BCMR | CY2011 | 20110019480
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 19a (Mailing Address After Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her mailing address after separation as "13xxx Parkxx, Poplar Grove, IL 61065" instead of "90xx Mixxx Cxxxxx, Riverside, CA 92509." The purpose of the separation document is to provide the individual with documentary evidence of his or...