IN THE CASE OF:
BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110009601
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as Illinois.
2. The applicant states:
* he remained a resident of Illinois upon his discharge
* family issues caused him to go to California, but not to live there
* he was told he was not eligible for a veteran's grant by the State of Illinois
* he received a hardship discharge
* he wants his records corrected based on extenuating circumstances
3. The applicant provides:
* his DD Form 214
* Orders 230-231, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, dated 5 December 1989
* a DD Form 2058 (State of Legal Residence Certificate), dated
20 November 1991
* Orders 131-016, issued by the Department of Military Affairs, State of Illinois, Springfield, IL, dated 11 May 2003
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), for the period ending 16 May 2003
* his NGB Form 22A (Correction to NGB Form 22), dated 22 November 2004
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's record shows:
* he was born in Chicago, IL
* he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 28 January 1985 at the Chicago Military Entrance Processing Station (MEPS)
* he was discharged from the USAR DEP on 13 March 1985 and he enlisted in the Regular Army (RA) on 14 March 1985 for a period of
3 years
* he listed his HOR as Chicago, IL
3. The applicant served in the RA from 14 March 1985 through 8 December 1989. He was honorably released from active duty and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. The DD Form 214 he was issued at the time shows in:
* item 6 (Place of Entry into Active Duty) the entry "Chicago, IL"
* item 19 (Mailing Address After Separation) an address in Los Angeles, CA
* item 20 (Member Requests Copy 6 be Sent to CA Dir[ector] of Vet[erans] Affairs) an "X" in the "yes" box.
4. The applicant subsequently served in the Illinois Army National Guard (ILARNG) from 24 February 1993 through 16 May 2003. He was honorably discharged by reason of being medically unfit for retention per the standards of medical fitness.
5. The applicant provided documents that show when entered active duty his ILARNG unit was in Illinois.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states for:
* item 19, enter the mailing address and county of residence furnished by the individual at time of separation
* item 20, insert State requested by the member and place an "X" in the proper block; this will speed up the processing of any available State veterans benefits
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have his DD Form 214 corrected to show his HOR as Illinois was carefully considered.
2. Clearly, the applicant was an Illinois resident when he entered the RA. However, he provided a mailing address after separation in Los Angeles, CA and he requested copy 6 of his DD Form 214 be sent to the California Director of Veterans Affairs, to speed up the processing of any available veteran's benefits from the state selected.
3. The applicant has not shown that his DD Form 214 was improperly completed by Transition Point personnel by arbitrarily entering Los Angeles, CA in items 19 and 20. Furthermore, the applicant signed his DD Form 214 verifying the accuracy of the report. Therefore, there is no basis for granting his request.
4. The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for veteran's or other benefits.
5. 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.
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.
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