BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130005368
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 reconsideration of his previous request for an upgrade of his an upgrade of his general discharge under honorable conditions to honorable.
2. The applicant also requests correction of item 19 (Mailing Address after Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the city and state as Chicago, IL, vice Colorado Springs, CO.
3. The applicant states:
a. He currently suffers from post-traumatic stress disorder and other medical conditions as a result of his service. It was hard to accept then and it is now hard to explain to other people what happened to him, because it was an embarrassment. He served under honorable conditions during his first 3 years and he humbly asks that his discharge be upgraded to honorable. He feels this will help him get his life back together because his medical condition is deteriorating.
b. He moved back to Chicago, IL, right after his military service. He went to use his State educational benefits and realized item 19 was in error.
4. The applicant provides his DD Form 214 and 13 pages of medical progress notes, dated between 28 November 2012 and 15 March 2013.
CONSIDERATION OF EVIDENCE:
1. The applicant requested reconsideration of his request for an upgrade of his discharge which was summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2001063346 on 7 February 2002.
2. Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records. Paragraph 2-15b governs requests for reconsideration. This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and has not previously been reconsidered. As his request for reconsideration was received over 11 years after the ABCMR's original decision, it does not meet the criteria for reconsideration. Therefore, this portion of the applicant's request will not be further addressed in this Record of Proceedings.
3. The applicant enlisted in the Regular Army on 13 January 1978 and he held military occupational specialties 94F (Hospital Food Service Specialist) and 11B (Infantryman). His DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) shows his home of record as Chicago, IL, and the place he entered active duty as Chicago, IL.
4. He was discharged from active duty on 18 November 1983 at Fort Hood, TX. Item 19 of his DD Form 214 contains the entry "XXXX N. C____ Street, Colorado Springs, CO."
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance for preparation of the DD Form 214. Item 19 states to enter the mailing address after separation as provided by the Soldier.
DISCUSSION AND CONCLUSIONS:
Item 19 of the DD Form 214 is completed using the address provided by the Soldier during preparation of the form. The applicant has not provided any evidence that shows he declared the Chicago, IL, address as his mailing address after separation prior to his discharge on 18 November 1983. In the absence of evidence to the contrary, it is presumed what the Army did in this case was correct and his DD Form 214 shows the address he listed as his mailing address at the time of his separation. Therefore, there is an insufficient evidentiary basis for granting him 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 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) AR20130005368
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ABCMR Record of Proceedings (cont) AR20130005368
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