RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	    29 April 2008
	DOCKET NUMBER:  AR20080002332 


	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.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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, in effect, Item 7b (Home of Record) on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 June 1992 be corrected to read 1293 Home Avenue, Menasha, Wisconsin 54952.

2.  The applicant states, in effect, Menasha, Wisconsin was his home of record at the time of his initial enlistment.

3.  The applicant provides a copy of his DD Form 214, his DD Form 4/1 - 4/4 (Enlistment/Reenlistment Document - Armed Forces of the United States), his active duty orders, and seven pages from his military service records 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.  On 17 February 1982, the applicant enlisted in the United States Army Reserve Delayed Entry Program (USAR DEP) for a period of 6 years.  Item 3 (Home of Record) of the applicant’s DD Form 4/1, dated 17 February 1982, contains the entry: "Menasha, Wisconsin 54952."  This is the applicant's initial enlistment document.

3.  Department of Defense, Military Entrance Processing Station, Milwaukee, Milwaukee, Wisconsin Active Duty Order No. 33-22, dated 17 February 1982, enlisted the applicant in the USAR DEP and ordered him to return by 25 March 1982 for active duty.  These orders show the applicant's home address at the time of enlistment as 1293 Home, Menasha, Wisconsin 54952.

4.  On 28 March 1982, the applicant was discharged from the USAR DEP and enlisted in the Regular Army on 29 March 1982 for a period of 4 years.

5.  On 13 February 1986, the applicant extended his enlistment for a period of 
21 months, thereby extending his expiration of term of enlistment to
28 December 1987.

6.  On 4 December 1986, the applicant reenlisted in the Regular Army for a period of 6 years.  Item 3 (Home of Record) of the applicant's DD Form 4/1, dated 4 December 1986, contains the entry: "7623 41st Avenue Southeast, Lacey, Washington 98503."

7.  On 16 June 1992, the applicant was discharged under the FY92 Early Transition Program.  He had completed 10 years, 2 months, and 17 days of active service that was characterized as honorable.

8.  Item 7b (Home of Record at Time of Entry) of the applicant's 
DD Form 214 contains the entry: 7623 41st Avenue SE, Lacey, Washington 98503.

9.  Army Regulation 635-5, then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation, in pertinent part, provides that the street, city, state, and zip code listed as a Soldier’s home of record will be entered in Item 7b of his DD Form 214 at the time of his discharge or release from active duty.  A Soldier’s initial enlistment contract or appointment document is the source for this data.  This regulation also provides that the home of record cannot be changed unless there is a break in service of at least one full day.

10.  Joint Federal Travel Regulations, Volume 1, Appendix 1 (Definitions), Part I (Terms) defines home of record as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  The regulation further states that only if a break in service exceeds one full day may a member change the home of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his home of record on his DD Form 214 is incorrect.

2.  The applicant's initial enlistment contract, dated 17 February 1982, listed his home of record as Menasha, Wisconsin, and his active duty orders show his home address as 1293 Home, Menasha, Wisconsin 54952.

3.  At the time of the applicant's reenlistment on 4 December 1986 he had not had a break in service of at least one day since his initial enlistment.  That being the case, he was not entitled to change his home of record.  Therefore, the entry in Item 3 of his DD Form 4/1, dated 4 December 1986, is in error and should reflect his home of record from his initial enlistment contract.

4.  A Soldier’s initial enlistment contract or appointment document is the source document for the entry of the home of record to be entered in Item 7b of his 
DD Form 214 at the time of his discharge or release from active duty.

5.  It appears that the error on the applicant's DD Form 4/1 dated 4 December 1986 was perpetuated when his DD Form 214 was prepared.  The applicant's home of record at the time of his initial enlistment on 17 February 1982 was 
1293 Home, Menasha, Wisconsin 54952.  Therefore, it is appropriate to correct both documents to reflect the applicant's home of record at the time of his initial enlistment.  

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:

	a.  amending Item 3 of the applicant's DD Form 4/1, dated 4 December 1986, to read 1293 Home, Menasha, Wisconsin 54952 instead of 7623 41st Avenue SE, Lacey, Washington 98503; and

	b.  amending Item 7b of the applicant's DD Form 214 to read 1293 Home, Menasha, Wisconsin 54952 instead of 7623 41st Avenue SE, Lacey, Washington 98503.



      	________X______________
                		CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080002332


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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