IN THE CASE OF:
BOARD DATE: 6 AUGUST 2009
DOCKET NUMBER: AR20090004987
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Wisconsin was his home of record at the time he entered active duty.
2. The applicant states the absence of a "Home of Record" on an official document (DD Form 214) prohibits his pursuit of special veteran's benefits for home of record veterans in Wisconsin.
3. The applicant provides a DD Form 214, DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), and DD Form 1966 (Application for Enlistment - Armed Forces of the United States) in support of this application. It is noted that his application indicates he provided a letter from the State of Wisconsin, Department of Veterans Affairs. An audit of the enclosed documents did not reveal this letter.
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 he enlisted in the U.S. Army Reserve for the Delayed Entry/Enlistment Program on 21 November 1980 with enlistment in the Regular Army on 24 November 1980. He was awarded the military occupational specialty of armor crewman, and was promoted to pay grade E-4.
3. The applicant was honorably released from active duty on 25 November 1983 after completing 3 years of creditable active duty service. Item 6 (Place of Entry Into Active Duty) of his DD Form 214 contains the entry, "Milwaukee, WI."
4. The applicant's records contain a DD Form 4/1, dated 21 November 1980, showing his home of record as Milwaukee, Wisconsin 53212 at the time of his enlistment for the Delayed Entry/Enlistment Program. Page 4 of his DD Form 4/4 shows he enlisted in the Regular Army on 24 November 1980.
5. Item 4 of the applicant's DD Form 1966 shows his home of record as Milwaukee, Wisconsin 53212. His records also contain Department of the Army, Headquarters, 1st Cavalry Division, Orders 209-4, dated 1 November 1983, showing his 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 his DD Form 214 be corrected to show Wisconsin as his home of record at the time he entered active duty in 1980.
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 his 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 his military records contain enlistment documents and orders which show Milwaukee, Wisconsin as his home of record.
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.
_______ _ _XXX______ ___
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) AR20090004987
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ABCMR Record of Proceedings (cont) AR20090004987
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