IN THE CASE OF: BOARD DATE: 17 February 2011 DOCKET NUMBER: AR20100021834 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 his home of record (HOR) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states his HOR is missing from his DD Form 214 and without it he is unable to receive a State veteran education benefits. He acknowledges that at the time he served the HOR was not an entry on the DD Form 214. 3. The applicant provides no documentary evidence in support of his application. 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 record contains a DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) that shows he enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) for 6 years on 1 February 1983. It further shows he was discharged from the DEP and enlisted in the Regular Army for 3 years on 2 February 1983. 3. Item 5 (Home of Record) of the DD Form 4 in the record lists the applicant’s HOR as South Milwaukee, Wisconsin, and item 6 (Place of Enlistment/Reenlistment) lists MEPS (Military Entrance Processing Station), Milwaukee, Wisconsin, as the place he entered military service. 4. On 5 October 1983, Headquarters, United States Army Signal Center and Fort Gordon, Fort Gordon, Georgia, Orders 197-9 were published. These orders reassigned the applicant to the United States Army Transfer Point for separation processing, and discharge. Paragraph 2 of these orders contains a HOR lead line and identifies “South Milwaukee, Wisconsin as the applicant’s HOR. 5. On 7 October 1983, the applicant was honorably released from active duty, in the rank of private/E-2, under the provisions of Army Regulation 635-40, paragraph 4-24e(4), by reason of physical disability without severance pay. The DD Form 214 he was issued shows he completed a total of 8 months and 6 days of active military service. Item 6 (Place of Entry into Active Duty) lists Milwaukee, Wisconsin as the place he entered active duty. There is no HOR block listed on the DD Form 214. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant’s discharge did not provide for a HOR entry on the DD Form 214. It did provide for entering the place of entry into active duty in item 6. The current version of the regulation provides for entering both the place of entry onto active duty and HOR at time of entry on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention his HOR should be entered on his DD Form 214 has been carefully considered and found to have merit. 2. Although the regulation in effect at the time only provided for entering the place of entry into active duty on the DD Form 214, and had no provisions for entering the HOR, the current version of the regulation does in fact provide for entering both the place of entry and HOR on the DD Form 214. As a result, it would be appropriate, in the interest of equity, to add the entry “Home of Record - South Milwaukee, Wisconsin” to item 6 of the applicant’s DD Form 214. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 6 of his DD Form 214 by adding the entry “Home of Record – South Milwaukee, Wisconsin.” _______ _ _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) AR20100021834 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100021834 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1