IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100000708 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his mailing address after separation as "Harvey, IL" instead of "Honolulu, HI."

2.  The applicant states that his home of record is and has been incorrect since he was discharged.  His home address when he entered the military was "1____ L____ Avenue, Harvey, IL  60426," and this address should have been his discharge address.  He adds that during the discharge interview, he was asked for his address at the time, which was "3____ K____ Road, Honolulu, HI  96819," because he lived in military housing at Tripler Army Medical Center, Fort Shafter, HI.  He always maintained his Harvey, IL, address as his home of record.  This incorrect entry has barred him from receiving State veterans' benefits.

3.  The applicant provides a copy of his Illinois identification card.

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the Regular Army for a period of 3 years on 7 December 1983.  Item 5 (Home of Record) of his DD Form 4 (Enlistment/Reenlistment Document) shows the entry "Harvey, IL  60426" and item 6 (Place of Enlistment/Reenlistment) shows the entry "Chicago MEPS [Military Entrance Processing Station], IL."

3.  He completed basic combat and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).  He subsequently served in Hawaii from 14 June 1984 to 4 December 1986 while assigned to Medical Company B, Tripler Army Medical Center, Fort Shafter, HI.

4.  On 2 December 1986, he submitted a DA Form 4187 (Personnel Action) wherein he voluntarily requested a local discharge under the provisions of Army Regulation 635-10 (Personnel Separations - Processing Personnel for Separation).  On 3 December 1986, the separation authority approved his request and directed his reassignment to the Transition Point, U.S. Army Support Command - Hawaii, Fort Shafter, HI, for separation processing.

5.  He was honorably released from active duty on 5 December 1986 and he was assigned to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows the following entries:

* item 6 (Place of Entry Into Active Duty) - "MEPS, Chicago, IL"
* item 8 (Station Where Separated) - "Fort Shafter, HI"
* item 19 (Mailing Address After Separation) - "3____ K____ Road, Honolulu, HI  96819"

6.  He was contacted telephonically by a member of the Board staff on two occasions at the number he provided to clarify whether his application pertains to his home of record or the mailing address shown on his DD Form 214; however, there was no response.

7.  He provided a copy of his State identification card which shows his mailing address in Harvey, IL.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  Item 19 shows the mailing address after separation is provided by the Soldier.  This address must be a permanent address.

DISCUSSION AND CONCLUSIONS:

1.  The regulatory policy in effect at the time of the applicant's separation from active duty did not authorize the DD Form 214 to show the home of record.  As such, there is no provision to correct the applicant's DD Form 214 to show his home of record as "Harvey, IL."

2.  The entry pertaining to the mailing address after separation is provided by the Soldier to the official preparing the DD Form 214.  The applicant voluntarily requested a local discharge and appears to have provided the permanent mailing address that is shown on his DD Form 214.  He also authenticated the DD Form 214 by placing his signature in the proper block.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's mailing address was correct at the time and there is an insufficient evidentiary basis for changing it.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  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.  He did not submit evidence that would satisfy this requirement.  Therefore, he is not entitled to the requested relief.

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)                                         AR20100000708



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ABCMR Record of Proceedings (cont)                                         AR20100000708



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