IN THE CASE OF:	

		BOARD DATE:	18 August 2009  

		DOCKET NUMBER:  AR20090005880 


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 her home of record (HOR) be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, she is unable to prove she was a Wisconsin (WI) resident when she entered active duty and it would serve the interest of justice to issue her a DD Form 215 (Correction to DD Form 214) that adds an entry showing her HOR as WI at the time she entered active duty in item 18 (Remarks) of the DD Form 214. 

3.  The applicant provides her DD Form 214 and a Department of Veterans Affairs (VA) letter in support of her 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 shows, in item 3 (Date of Enlistment/Reenlistment) that she enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 11 October 1979.  Item 5 (Home of Record) contains an entry showing her HOR as Milwaukee, WI.  Item 6 (Place of Enlistment/Reenlistment) contains the entry Milwaukee MEPS [Military Entrance Processing Station], WI.  Item 17 (For Enlistment in a Regular Component from a Delayed Entry/Enlistment Program), shows she was discharged from the USAR DEP and she enlisted in the Regular Army (RA) on 15 October 1979.

3.  On 7 October 1983, the applicant was honorably released from active duty under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), by reason of expiration of term of service.  The DD Form 214 she was issued at the time shows her place of entry as Milwaukee, WI in Item 6 (Place of Entry into Active Duty).  It further shows in Item 19 (Mailing Address after Separation) the entry xxxx N. 4th Street, Milwaukee, WI 53212.

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. 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 her DD Form 214 be corrected to show her HOR as WI in item 18 so that she may pursue WI State veterans benefits was carefully considered.  However, there were no regulatory provisions in effect at the time of the applicant's discharge and there are no present regulatory provisions that provide 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 applicant's requested relief.  

2.  Further, the DD Form 214 the applicant was issued at the time of her release from active duty on 7 October 1983 lists Milwaukee, WI as the place she entered into active duty.  Item 19 of her DD Form 214 also contains the same address as the HOR address she used upon her enlistment.  Therefore, the applicant is advised that she should present a copy of her DD Form 4, which is enclosed with these Proceedings, along with her DD Form 214 when applying for WI State veterans benefits.  This should be sufficient documentation for the WI VA to confirm her HOR was Milwaukee, WI at the time she entered military service.  The applicant also may use these Proceedings to verify her HOR at the time of her entry into 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)                                         AR20090005880



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ABCMR Record of Proceedings (cont)                                         AR20090005880



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