IN THE CASE OF:	  

		BOARD DATE:	      28  July 2009

		DOCKET NUMBER:  AR20090004902 


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, in effect, that his home of record (HOR) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, the absence of a HOR on his DD Form 214 makes it impossible for him to prove he was a Wisconsin (WI) resident at the time he entered active duty on 31 December 1986.  He also states that in the interest of justice, he is requesting a correction to his DD Form 214 (DD Form 215) be issued that contains an entry in item 18 (Remarks) that shows his HOR was WI at the time he entered active duty.  

3.  The applicant provides his DD Form 214 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 Official Military Personnel File (OMPF) contains a DD Form 4/1 (Enlistment/Reenlistment Document) which lists his HOR as xxxx N. 3rd Street, Milwaukee, WI in item 3 (Home of Record).  Item 4 (Place of Enlistment/Reenlistment) contains the entry Milwaukee MEPS [Military Entrance Processing Station], WI and item 5 (Date of Enlistment/Reenlistment) shows his enlistment date into the United States Army Reserve (USAR) Delayed Entry Program (DEP) as 25 November 1986.  It further shows he was discharged from the USAR DEP and enlisted in the Regular Army (RA) on 31 December 1986.

3.  On 15 February 1989, the applicant was discharged under the provisions of chapter 14, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), by reason of misconduct and he received a general, under honorable conditions discharge (GD).  The DD Form 214 he was issued at the time shows his place of entry as Milwaukee, WI in Item 6 (Place of Entry into Active Duty).  

4.  Army Regulation 601-280 (Army Retention Program), prescribes the criteria for the Army Retention Program.  Table 11-1 provides instructions for completing the DD Form 4.  It states, in pertinent part, that the HOR is defined by law and regulation as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day.  Only if a break in service exceeds one full day, can the home of record be changed by the member.

5.  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.  Chapter 2 contains item-by-item instructions for the DD Form 214.  The instructions for item 18 state, in pertinent part, to use the remark section for entries required by Headquarters, Department of Army (HQDA) for which a separate item is not available on the form and for completing entries that are too long for their blocks. However, the regulation in effect at the time provided no provisions for adding the HOR to item 18 of the DD Form 214.

6.  The Joint Federal Travel Regulation (JFTR) provides, in pertinent part, that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to show his HOR as WI in item 18 (Remarks) so that he may pursue veterans benefits was carefully considered.  However, there were no regulatory provisions in effect at the time of the applicant's discharge that provided for entering a HOR in item 18 of the DD Form 214.  As a result, there is an insufficient evidentiary basis to support granting the requested relief.  

2.  Further, the DD Form 214 he was issued lists Milwaukee, WI as the place he entered into active duty.  Item 19 (Mailing Address after Separation) on his DD Form 214 also contains the same address as the HOR address annotated on his DD Form 4.  Therefore, the applicant is advised that he should present a copy of his DD Form 4, which is enclosed with these Proceedings, with his DD Form 214 when applying for veterans' benefits.  This should be sufficient documentation to confirm his HOR was Milwaukee, WI at the time he entered military service.  

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)                                         AR20090004902



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ABCMR Record of Proceedings (cont)                                         AR20090004902



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