MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            24 March 1999
	DOCKET NUMBER:   AR1999023297

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his home of record (HOR), civilian education and pay grade be corrected on his report of separation (DD Form 214).   
APPLICANT STATES:  In effect, that his HOR should be 3032 S. 11th Street, Springfield, Illinois 62703, not 223 S. 11th Street, Springfield, Wisconsin 53176; that he completed 16 years of education, not 10 years; and that he was an E-5 at the time of his separation, not an E-2.  In support of his application, he submits  documentation pertaining to a prior request for a HOR change, documentation showing his pay grade as E-5 (a letter from the Finance Center dated 31 March 1971 and Special Orders No. 107 dated 18 June 1970), documentation showing his home address as Springfield, Illinois (three Reports of Medical Examinations, DA Form 2376 dated 24 June 1970 and orders releasing him from active duty), an altered copy of an academic report from Marshall University, a copy of an academic report from Lincoln Land Community College and a copy of his DA Form 20 (Enlisted Qualification Record).

EVIDENCE OF RECORD:  The applicant's military records show:

On 14 June 1968, while residing in Beloit, Wisconsin, the applicant was inducted at the Armed Forces Examination & Entrance Station, Milwaukee, Wisconsin.  He successfully completed training as a medical corpsman, served in Japan for approximately 19 months and was honorably discharged in the pay grade of E-2 on 24 June 1970.

The HOR shown on the applicant’s Record of Induction is 223 S. 11th Street, Springfield, Rock, Wisconsin.  His DD Form 214, which was authenticated in his own hand, shows “223 S. 11th Street, Springfield, Wisconsin 53176” as his HOR.

The altered academic report from the Office of the Registrar of Marshall University in Huntington, West Virginia, which the applicant submitted with his application shows he attended Ferrum Junior College from 1964 to 1966.  The report also shows that he attended Marshall University from 1966 to 1968.  The Board notes that the applicant would have been 16 years of age in 1964.  He also provided an academic report from Lincoln Land Community College in Springfield, Illinois for the fall semester of 1994.    

The applicant’s personnel records fail to show that he completed 16 years of  education prior to his separation.  The applicant’s DA Form 20, which was authenticated in his own hand, indicates that he completed 11 years of education in 1966.  His DA Form 669 (General Educational Development Individual Record) shows that the highest educational level he completed was 11 years. 

Records show that prior to the applicant’s discharge from active duty on 24 June 1970, he was convicted by summary court-martial on 18 June 1970 and reduced from pay grade E-5 to pay grade E-2.  The convening authority approved the sentence on 19 June 1970. 

Army Regulation 635-5 serves as the authority for preparation of the DD Form 214.  It states, in pertinent part, that the home of record at time of entry will list the street, city, state, and zip code the soldier claims as a permanent home of record.  The term "Home of Record” means the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered to a tour of active duty.  The home of record is shown on an enlisted soldier’s service contract and on an officer’s order to active duty.  

The aforementioned regulation also provided, in pertinent part, that the civilian education level held by the individual concerned, as documented in his records at the time of separation, would be entered on the DD Form 214 in terms of years completed.  It further states, that the active duty grade of rank and pay grade at the time of separation will be entered on the DD Form 214.   

The applicant’s records show that he applied to the Army Board for Correction of Military Records (ABCMR) on 23 February 1993 for correction of his HOR.  In support of his application he submitted an altered DD Form 214.  The Board noted that the altered DD Form 214 contained several entries which could not be verified by his military records, e.g., it showed his pay grade as E-5, rather than E-2, and it showed he completed 16 years of schooling, when the original DD Form 214 shows he completed 11 years.  The Board denied his request citing that his Record of Induction and DD Form 214, the two most significant and important documents in his military records, in the Board’s opinion, both show his HOR as Springfield, Wisconsin.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The evidence of record shows the applicant’s HOR is Springfield, Wisconsin, not Springfield, Illinois.  Therefore, as previously determined by the ABCMR, the  applicant’s HOR is correctly recorded in his DD Form 214.  Therefore, he is not entitled to correction of his HOR on his DD Form 214.    

2.  Contrary to the applicant’s contention that he completed 16 years of education, evidence of record shows that he completed 11 years of education prior to his discharge.  The Board noted that the applicant submitted an academic report for education obtained subsequent to his discharge.  It should be noted that the DD Form 214 records information as it existed at the time of separation from the service.  Consequently, any changes that occur after the date of separation are not authorized for entry on that form.  Therefore, he is not entitled to correction of his civilian education on his DD Form 214.

3.  Contrary to the applicant’s contention that he was an E-5 at the time of his separation, evidence of record shows that the applicant was reduced to pay grade E-2 effective 19 June 1970.   Therefore, the applicant’s pay grade is properly reflected on the DD Form 214  and there is no reason to change it.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jev___  ___rwa__  __alr____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023297	
SUFFIX		
RECON		
DATE BOARDED	1999/03/24	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1970/06/24	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  223	112.010	
2.  23	103.000	
3.  302	129.000	
4.		
5.		
6.