IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100018574 


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 without having a DD Form 215 (Correction to DD Form 214) he will not qualify for Wisconsin education benefits.

3.  The applicant provides a letter from the State of Wisconsin Department of Veterans Affairs.

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 military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP) on 30 March 1977.  He was discharged from the USAR DEP on 13 April 1977 and he enlisted in the Regular Army on 14 April 1977 for a period of 4 years.  He completed training and he was awarded military occupational specialty 94B (food service specialist).

3.  He was honorably released from active duty by reason of completion of required service on 14 April 1981 after completing 4 years of total active service.  Item 6 (Place of Entry into Active Duty) of his DD Form 214 contains the entry, Minneapolis, MN.

4.  His records contain a DD Form 4 (Enlistment or Reenlistment Agreement) showing his home of record as Westby, WI and his place of enlistment as Minneapolis, MN at the time of his enlistment in the USAR DEP and subsequently in the Regular Army.

5.  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 service did not provide for entering a Soldier's home of record on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The regulatory policy in effect at the time of the applicant's separation from active duty did not authorize the DD Form 214 to show the home of record.  As such, there is no provision to correct the applicant's DD Form 214 to show his home of record as Wisconsin.

2.  The Board does not correct a properly-constituted DD Form 214 to establish an applicant's eligibility for benefits.  However, the applicant may use this Record of Proceedings as verification that his military records contain an enlistment document which shows Westby, WI as his home of record at the time of his enlistment.

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







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)                                         AR20100018574



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ABCMR Record of Proceedings (cont)                                         AR20100018574



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