RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 March 2007
DOCKET NUMBER: AR20060011367
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. James Anderholm
Chairperson
Mr. Scott Faught
Member
Mr. Roland Venable
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that item 6 (Place of Entry into Active Duty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 September 1985 be corrected to show Chicago, Illinois instead of Fort Knox, Kentucky.
2. The applicant states, in effect, that he was ordered to active duty from the Illinois Army National Guard and his home of record was Chicago, Illinois. He contends that his first duty station on active duty was Fort Knox, Kentucky and that his place of entry into active duty should reflect Chicago, Illinois.
3. The applicant provides a DD Form 214 for the period ending 20 September 1985.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 20 September 1985. The application submitted in this case is dated 31 July 2006.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. Item 15 (Accepted At) on the applicants DD Form 4 (Enlistment Contract), dated 28 March 1975, shows the entry, Chicago, IL and this form also shows his home of record is Chicago, Illinois. He enlisted in the Illinois Army National Guard on 28 March 1975 for a period of 6 years. He was ordered to active duty on 16 May 1975 for training and released from active duty on 16 October 1975.
4. Item 5c (Home of Record) on the applicants DD Form 214 (Report of Separation from active Duty) for the period ending 16 October 1975 shows the entry, NA [Not Applicable].
5. On 1 August 1978, the applicant was involuntarily ordered to active duty for a period of 18 months and 14 days. His DA Form 2-1 (Personnel Qualification Record) shows he reported to Fort Knox, Kentucky on 1 August 1978. His DD Form 4, dated 31 October 1979, shows he enlisted in the Regular Army for a period of 3 years.
6. On 20 June 1980, the applicant extended his enlistment for a period of 3 years. On 20 September 1985, the applicant was honorably discharged by reason of physical disability with severance pay.
7. Item 6 on the applicants DD Form 214 for the period ending 20 September 1985 shows the entry, FT KNOX KY [Fort Knox, Kentucky].
8. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time stated, in pertinent part, that the city and state from which member last entered on active duty from civilian life would be entered in item 6 on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicants home of record is Chicago, Illinois and that he was accepted at Chicago, Illinois when he enlisted in the Illinois Army National Guard (i.e. from civilian life). Evidence of record also shows that when he was involuntarily ordered to active duty on 1 August 1978 his first duty station was Fort Knox, Kentucky.
2. However, the applicant was not a civilian when he was ordered to active duty on 1 August 1978. The regulatory requirement is to enter in item 6 of the DD Form 214 the city and state from which the member last entered on active duty from civilian life. Therefore, it is reasonable to presume that the applicants contention that he was ordered to active duty from his home of record is accurate. Based on the foregoing, it would be appropriate to correct item 6 on his DD Form 214 for the period ending 20 September 1985 to show Chicago, Illinois.
3. Records show the applicant should have discovered the alleged error now under consideration on 20 September 1985; therefore, the time for the applicant to file a request for correction of any error expired on 19 September 1988. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
JA____ _SF_____ _RV_____ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 6 on his DD Form 214 for the period ending 20 September 1985; and
b. adding the entry, Chicago, Illinois in item 6 on this DD Form 214.
__James Anderholm_____
CHAIRPERSON
INDEX
CASE ID
AR20060011367
SUFFIX
RECON
DATE BOARDED
20070306
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2011 | 20110009601
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as Illinois. The applicant's request to have his DD Form 214 corrected to show his HOR as Illinois was carefully considered. Although contemporary DD Forms 214 show the HOR, the DD Form 214 the applicant was issued at the time of his separation did not have any provisions for entering the HOR.
ARMY | BCMR | CY2006 | 20060014524
Counsel states that the applicant was separated from active duty on 15 October 2004, after 1 year, 8 months, and 13 days following a National Guard mobilization. According to Title 10, USC, section 1201, for a member on active duty for more than 30 days who is unfit because of physical disability, the Department Secretary may retire the member, with retired pay, if the member has at least 20 years of service computed under section 1208 of this title, or if the disability is at least thirty...
ARMY | BCMR | CY2009 | 20090019386
The applicant requests, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record as the State of Texas. The applicant completed and signed a DD Form 4/1 (Enlistment/Reenlistment Document of the United States) which shows in item 3 (Home of Record) the entry "55- E 3-TH PL APT -06 CHICAGO IL 60---." While his reenlistment documents show a different street address, each document shows his home of record as Chicago, IL.
ARMY | BCMR | CY2003 | 2003083468C070212
APPLICANT REQUESTS: In effect, that her DD Form 214 (Report of Separation) dated 13 August 1999 be corrected to show: Item 7b, Home of Record (HOR), as Chicago, Illinois instead of Pulaski, New York. ` The last DD Form 214 shows she also served as a second lieutenant in the USAR, from 6 July 1997 to 13 August 1999 and was released from Active Duty with an honorable discharge. The applicant has failed to submit any documentation to show that her home of record at the time of her periods of...
ARMY | BCMR | CY2008 | 20080018228
Application for correction of military records (with supporting documents provided, if any). Item 17c (Date of Entry) to show 20 December 1966 instead of 30 December 1966; c. Item 22c (Foreign and/or Sea Service) to show the correct period of foreign service instead of the current entry as 1 year, 1 month, and 7 days; d. Item 23a (Specialty Number and Title) to show his military occupational specialty (MOS) as 67A (Aircraft Maintenance) instead of 72B (Communications Center Specialist);...
ARMY | BCMR | CY2009 | 20090020326
Application for correction of military records (with supporting documents provided, if any). The applicant states that his mailing address after separation should be Chicago, Illinois, and not Dayton, Ohio. Neither the evidence submitted with the application nor the evidence of record supports that Item 19 of his DD Form 214 is in error or unjust.
ARMY | BCMR | CY2005 | 20050004416C070206
The applicant requests that item 19 on his 1985 separation document be corrected to show an address in Bloomington, Illinois vice the address in Lawton, Oklahoma. His separation document reflects Chicago, Illinois as the place of entry on active duty and the Lawton, Oklahoma address as his mailing address after separation in item 19. The evidence indicates the applicant provided the Lawton, Oklahoma address as his mailing address as part of his separation processing.
ARMY | BCMR | CY2010 | 20100013445
The applicant provides: * four award certificates for the AAM * orders for the AAM with First Oak Leaf Cluster * Certificates of Training for the M551 Sheridan Armored Crewman's Course Equipment Custodian Management Training Course Commander/First Sergeants' Workshop and 11th Transportation NCO Leadership Course * Certificate of Completion of the Senior Military Customs Inspector Seminar * DD Form 214 for the period ending 31 October 1993 CONSIDERATION OF EVIDENCE: 1. Therefore, there is no...
ARMY | BCMR | CY2003 | 2003088482C070403
The applicant states that his address at the time of his discharge was ________________ Chicago, Illinois not Carson, Mississippi which was his place of birth. His DD Form 214 shows he was separated in the rank of private E-2 with a date of rank of 15 May 1968. There is no evidence of record which shows the applicant was promoted to SGT/E-5.
ARMY | BCMR | CY2008 | 20080011392
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge), be changed to 1__7 North Dearborn Street, Chicago, Illinois. It was postmarked 20 April 1965 [nearly 2 months before his induction] and shows his mother's return address and his address at his work location in Chicago. Therefore, changing this address would not show that he returned to Illinois after...