BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090009755
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 item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his home of record.
2. The applicant states that by not having a "Home of Record" on his DD Form 214 he is unable to prove that he was a Wisconsin resident at the time of his entry on active duty on 5 January 1976. He contends that 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 an email from the Wisconsin Department of Veterans Affairs, dated 7 May 2009; Ready Reserve discharge orders; a DD Form 4 (Enlistment or Reenlistment Agreement); and 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 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 applicants DD Form 4, dated 10 September 1975, shows his home of record was Milwaukee, Wisconsin. He enlisted in the U.S. Army Reserve (USAR) on 10 September 1975 for a period of 6 years. He enlisted in the Regular Army on 5 January 1976 for a period of 4 years. He trained as an automotive repairman and was released from active duty on 19 December 1979 and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 6 (Place of Entry into Active Service) on the applicants DD Form 214 shows the entry Milwaukee, WI.
4. On 9 September 1981, the applicant was honorably discharged from the Ready Reserve.
5. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time stated, in pertinent part, that the city and state from which member last entered on active duty from civilian life would be entered in item 6 on the DD Form 214. There is no provision to show the 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 item 6 (Place of Entry Into Active Duty) of the applicant's DD Form 214 contains the entry, "Milwaukee, WI."
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 records contain enlistment documents which show Milwaukee, Wisconsin as his home of record at the time of his entry on active duty 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.
ABCMR Record of Proceedings (cont) AR20090009755
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