BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100025199 


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 either correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) or issuance of a contemporary DD Form 214 in lieu of the one he was previously issued in order to have his home of record (HOR) properly identified on a DD Form 214.

2.  He states his DD Form 214 does not show his HOR as Texas.  He acknowledges that the DD Form 214 issued at the time of his separation did not require an entry for HOR.  His place of entry is listed as West Point, NY, and he needs either item 6 (Place of Entry on Active Duty) to be changed to read "O____ C____ C____ Road, Brady, TX  76825" or to be issued a contemporary DD Form 214 showing this address as his HOR.  He needs to be able to provide documentation for the use of education benefits under the Hazlewood Act in Texas.

3.  He provides:

* two documents extracted from his record at the U.S. Military Academy (USMA)
* his Bachelor of Science diploma from USMA
* his DD Form 214

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.  His record contains:

	a.  a Standard Form 88 (Report of Medical Examination) showing he underwent a physical examination for the purpose of determining eligibility for entrance into USMA on 1 April 1976.  Item 4 (Home Address) of this form shows his home address at the time was 1905 S____ C____, Brady, TX  76825.

	b.  a DD Form 1870 (Nomination for Appointment to the USMA).  This form shows his home address at the time was 1905 S____ C____, Brady, McCulloch County, TX  76825.

	c.  a letter addressed to him from the Acting Chief, USMA Section, dated 12 May 1976, informing him of his selection for appointment to USMA Class of 1980.  This letter shows his home address at the time was 1905 S____ C____, Brady, TX  76825.

	d.  a letter, dated 28 May 1980, subject:  Appointment as Second Lieutenant (2LT) in the Regular Army.  This letter shows he was appointed as a 2LT with an effective date and date of rank of 28 May 1980 at USMA located in West Point, NY  10996.

	e.  a DA Form 71 (Oath of Office – Military Personnel) which shows he acknowledged his appointment as a 2LT and executed an oath of office on 28 May 1980 at USMA.  This form was authenticated by him and the USMA Superintendent.

	f.  a DA Form 2-1 (Personnel Qualification Record – Part II).  Item 25 (HOR/Address) of this form shows his HOR as Brady, TX.

	g.  a DA Form 2496 (Disposition Form) which shows he tendered his unqualified resignation on 10 May 1985 to become effective on 23 October 1985. 
In paragraph 5b of this form he indicated his permanent home address as O____ C____ C____ Route, Brady, TX  76825.

3.  His DD Form 214 shows he was honorably discharged from the Regular Army on 23 October 1985.  Item 6 of this form shows his place of entry on active duty as West Point, NY.  Item 19 (Mailing Address After Separation) shows his mailing address as O____ C____ C____ Road, Brady, TX  76825.

4.  His record contains a letter addressed to him from the Commanding General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 23 October 1985, informing him of his appointment as a Reserve commissioned officer of the Army effective upon his acceptance.  This letter shows his home address at the time as O____ C____ C____ Route, Brady, TX  76825.

5.  He provides three documents from his USMA records:

* a Candidate Summary Sheet, dated 16 June 1976, which shows his address as 1905 S____ C____, Brady, TX  76825 at the time
* an unidentified form showing both his legal address and the address of his parents as O____ C____ C____ Route, Brady, TX  76825
* his Bachelor of Science diploma from USMA which shows he hailed from the State of Texas and the diploma was given at West Point in the State of New York on 28 May 1980

6.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated that commanders or chiefs of transition centers must ensure all information on the DD Form 214 and other separation documents is accurate.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance.  No deviation is authorized.  This regulation provided that the place the Soldier entered active duty was to be entered in item 6 of the DD Form 214.  There was no provision for entering the Soldier's HOR on the DD Form 214 in use at the time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for either correction of his DD Form 214 or issuance of a contemporary DD Form 214 in lieu of the one he was previously issued in order to have his HOR properly identified was carefully considered.


2.  The preponderance of evidence clearly shows he was issued a properly-constituted DD Form 214 at the time of his separation.  The DD Form 214 is of vital importance to the separating Soldier and must be prepared accurately; therefore, he is not entitled to correction of his previously-issued DD Form 214.

3.  The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits. 
Additionally, 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 did not submit any evidence that would satisfy this requirement.  Therefore, he is not entitled to issuance of a contemporary DD Form 214.

4.  His official military personnel file (OMPF) contains a DA Form 2-1.  Item 25 of this form clearly shows his HOR as Brady, TX.

5.  Although there is no provision for either correcting his DD Form 214 or issuing him a new one, the applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the HOR recorded in his military record and to satisfy his desire to have his correct HOR documented in his OMPF.

6.  The applicant and all others should know this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 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)                                         AR20100025199



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ABCMR Record of Proceedings (cont)                                         AR20100025199



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