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ARMY | BCMR | CY2011 | 20110019480
Original file (20110019480.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110019480 


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 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." 

2.  The applicant states she never left the Army to go to the address listed on her DD Form 214.  Instead, she moved back to Poplar Grove, IL.  She needs the change in order to receive State benefits.

3.  The applicant did not provide any evidence. 

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 she enlisted in the Regular Army on 3 September 1997.  Item 3 (Home of Record (HOR)) of her DD Form 4 (Enlistment/Reenlistment Document) shows the entry "14x Eaxx Mxxx Street, Capron, IL 61012," and item 4 (Place of Enlistment/Reenlistment) shows the entry "Chicago MEPS [Military Entrance Processing Station], IL."

3.  She completed basic combat and advanced individual training and was awarded military occupational specialty 91W (Medical Specialist).  

4.  She served in Korea from around June 2000 to around October 2001.  While in Korea, she executed a reenlistment in the Regular Army on 13 April 2001.  Item 3 of her DD Form 4 for this period of service listed the same HOR as that shown on her previous DD Form 4 and item 4 listed the place of reenlistment as Yongsan, Korea.

5.  She was reassigned to the U.S. Army Health Clinic at Dugway Proving Ground, UT where she remained until her separation.  

6.  She was honorably released from active duty on 12 April 2003 and she was assigned to the U.S. Army Reserve Control Group (Reinforcement) to complete her remaining Reserve obligation.  The DD Form 214 she was issued shows the following entries:

* item 7a (Place of Entry Into Active Duty) - "Chicago, IL"
* item 7b (HOR at Time of Entry) - "14x Eaxx Mxxx Street, Capron, IL 61012"
* item 19a - "90xx Mixxx Cxxxxx, Riverside, CA 92509"

7.  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 entry pertaining to the mailing address after separation is provided by the Soldier to the official preparing the DD Form 214.  The applicant appears to have provided the permanent mailing address that is shown on her DD Form 214.  She also authenticated the DD Form 214 by placing her signature in the proper block. 2.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  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. Therefore, she 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)                                         AR20110019480





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ABCMR Record of Proceedings (cont)                                         AR20110019480



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