IN THE CASE OF: BOARD DATE: 29 April 2010 DOCKET NUMBER: AR20090018169 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 Wisconsin was his home of record at the time he entered active duty. 2. The applicant states the absence of a "Home of Record" on an official document (DD Form 214) prohibits his pursuit of special veteran's benefits for home of record veterans in Wisconsin. 3. The applicant provides a letter from the State of Wisconsin, Department of Veterans Affairs (DVA), dated 22 January 2009. 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 enlisted Regular Army on 7 July 1980. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist). 3. The applicant was honorably released from active duty on 6 July 1983 after completing 3 years of creditable active duty service. Item 6 (Place of Entry into Active Duty) of his DD Form 214 contains the entry "Milwaukee, WI" and item 19 (Mailing Address after Separation) shows an address in Milwaukee, WI. 4. The applicant's records are incomplete and do not contain a copy of his enlistment documents. However, his record does contain a Department of the Army, Headquarters, 5th Infantry Division (Mechanized), Fort Polk, LA, Orders 110-177, dated 7 June 1983, that released him from active duty and transferred him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. This order also shows his home of record as "Milwaukee, WI" and that he entered active duty at the Armed Forces Entrance and Examining Station (AFEES) "Milwaukee, WI." 5. In support of his application, the applicant provided a letter from the Wisconsin DVA. This letter says that his DD Form 214 does not have a Home of Record listed. To certify eligibility for Wisconsin GI Bill benefits a Veteran shall submit a copy of a "DD Form 215, a copy of DOD Form 2058, or state income tax records for the year of entry." Additional instructions say that if the applicant cannot provide these documents, the State requires proof that he was unable to obtain them. 6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The version of this regulation in effect at the time of the applicant's separation from active duty did not provide for entering a Soldier's home of record on the DD Form 214. 7. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant requests that his DD Form 214 be corrected to show Wisconsin as his home of record at the time he entered active duty in 1980. 2. The regulation in effect at the time of the applicant's release from active duty did not provide for the DD Form 214 to show the home of record. As such, there is no provision to correct the applicant's DD Form 214 by issuing a DD Form 215 to show his home of record as Wisconsin. It is noted that item 6 (Place of Entry into Active Duty) of the applicant's DD Form 214 contains the entry, "Milwaukee, WI." 3. The Board does not correct a properly constituted DD Form 214 to establish an applicant's eligibility for benefits. However, the applicant may use these Proceedings as verification that his military records contain official documents and orders which show Milwaukee, Wisconsin as his home of record at the time of his release from active duty. 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) AR20090018169 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090018169 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1