IN THE CASE OF:
BOARD DATE: 3 December 2013
DOCKET NUMBER: AR20130005978
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 corrections of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to:
* add the Meritorious Service Medal
* update his retirement address in item 19a (Mailing Address After Separation) to an address in Liberty Hill, TX
* add his Department of Veterans Affairs (VA) service-connected disability rating
2. The applicant states he received his Meritorious Service Medal and his VA Rating Decision after his retirement. He also wants to update his retirement address.
3. The applicant provides:
* a DA Form 638 (Recommendation for Award) and a certificate awarding him the Meritorious Service Medal
* his DD Form 214
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 7 November 2012
* a letter from the VA, dated 7 March 2013
CONSIDERATION OF EVIDENCE:
1. The applicant requested that the Meritorious Service Medal be added to his DD Form 214. On 7 November 2012, a DD Form 215 was issued, as provided by the applicant, that corrected his 30 June 2012 DD Form 214 to add the Meritorious Service Medal. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
2. On 1 July 1992, he enlisted in the Regular Army and he served continuously until he was retired on 30 June 2012 by reason of sufficient service for retirement. He was placed on the Retired List the following day. Item 19a of his DD Form 214 shows an address in Copperas Cove, TX.
3. He provided his VA benefits award letter from the VA, dated 7 March 2013. This letter states the VA assigned a permanent 100 percent disability evaluation for his service-connected disabilities effective 1 July 2012.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It states for item 19a, enter the permanent mailing address furnished by the individual at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. It is reasonable to conclude the mailing address in Item 19a of his DD Form 214 was provided by him at the time of his retirement. There is no evidence the information in item 19a was incorrect on the date of his retirement. The fact that he has moved since he retired does not provide a basis for changing the information on his DD Form 214 that he provided at the time of his retirement.
2. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. A rating decision made by the VA over 8 months after his retirement is not a part of that period of active duty. Regardless, there is no provision in the governing regulation to enter a disability rating decision from another agency, such as the VA, on the DD Form 214.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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) AR20130005978
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130005978
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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