IN THE CASE OF:
BOARD DATE: 4 August 2009
DOCKET NUMBER: AR20090004540
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Wisconsin was her home of record at the time she entered active duty.
2. The applicant states not having Wisconsin on an official document (DD Form 214) prohibits her pursuit of special veteran's benefits for home of record veterans in Wisconsin.
3. The applicant provides her DD Form 214; a memorandum requesting a DD Form 215 be issued to reflect a correction of her RE code; and a letter from the State of Wisconsin, Department of Veterans Affairs in support of this 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 applicants 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 applicants 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 she enlisted in the U.S. Army Reserve for the Delayed Entry/Enlistment Program on 21 October 1980 with enlistment in the Regular Army on 22 September 1981. She was awarded the military occupational specialty of petroleum supply specialist, and was promoted to pay grade E-4.
3. The applicant was honorably released from active duty on 21 September 1984 after completing 3 years of creditable active duty service. Item 6 (Place of Entry Into Active Duty) of her DD Form 214 contains the entry, "Milwaukee, WI."
4. The applicant's records contain a DD Form 4/1 (Enlistment/ Reenlistment Document - Armed Forces of the United States), dated 21 October 1980, showing her home of record as Milwaukee, Wisconsin 53205 at the time of her enlistment for the Delayed Entry/Enlistment Program. DD Form 4/4 (page 4) of this document shows she enlisted in the Regular Army on 22 September 1981.
5. Item 4 of the applicant's DD Form 1966 (Application for Enlistment - Armed Forces of the United States) shows her home of record as Milwaukee, Wisconsin 53205. Her records also contain Department of the Army, Headquarters, U.S. Army Armor Center and Fort Knox, Orders 141-1, dated 20 July 1984, showing her home of record as Milwaukee, WI.
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 601-210 (Active and Reserve Components Enlistment Program) prescribes the instructions for completing the DD Form 1966. It states in pertinent part that item 4 "Home of Record Address" will not be a temporary address.
8. Army Regulation 15-185 (Army Board for Correction of Military Records) 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 her DD Form 214 be corrected to show Wisconsin as her home of record at the time she entered active duty in 1981.
2. 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 her 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 this Record of Proceedings as verification that her military records contain enlistment documents and orders which show Milwaukee, Wisconsin as her home of record.
4. In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
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.
_______ _ _______ ___
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) AR20090004540
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090004540
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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