BOARD DATE: 5 November 2009
DOCKET NUMBER: AR20090009598
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 6 February 1984 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, in effect, the absence of a "Home of Record" on an official document (i.e., DD Form 214) prohibits his pursuit of special veteran's benefits for home of record veterans in Wisconsin.
3. The applicant provides a copy of 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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 22 April 1981 for a period of 6 years. He was discharged from the USAR DEP on 23 September 1981 and he enlisted in the Regular Army (RA) on 24 September 1981 for a period of three years.
3. The applicant's DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 22 April 1981, shows in Item 28 (Residences) that he resided in Kaukauna, WI, from October 1962 to the [then] present. His DD
Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows in Item 5 (Home of Record) the entry, "Kaukauna, WI 54130."
4. Headquarters, Fort Sheridan, IL, Orders 21-1, dated 31 January 1984, reassigned the applicant to the U.S. Army Separation Transfer Point for separation processing. The "For Army Use" section, "HOR" [Home of Record] lead line shows the entry, "Kaukauna Wisconsin."
5. The applicant's DD Form 214 shows he was honorably released from active duty on 6 February 1984 after completing 2 years, 4 months, and 13 days of net active service this period. Item 6 (Place of Entry into Active Duty) shows the entry, "Milwaukee, Wisconsin" and Item 19 (Mailing Address After Separation) shows the entry, "xxx Wildwood, Kaukauna, Wisconsin 54130."
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes the instructions for completing enlistment documents. It states, in pertinent part, that the home of record address will not be a temporary address.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. 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 the applicant's DD Form 214 shows he entered into active duty in "Milwaukee, Wisconsin" and his address after separation was "xxx Wildwood, Kaukauna, Wisconsin 54130."
2. 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 service records contain enlistment documents which show Kaukauna, WI, as his home of record at the time of his entry on active duty in 1981, and separation orders that confirm the home of record at the time of his separation in 1984.
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.
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