BOARD DATE: 1 December 2009
DOCKET NUMBER: AR20090012155
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his home of record to be in the state of Wisconsin.
2. The applicant states that he was a minor at the time of his enlistment in 1970 and had lived the previous 2 years in Milwaukee, Wisconsin. He was in Chicago, Illinois, when he made an impulsive decision to enlist in the United States Army. Because his mother moved frequently, he used his brother's Chicago address.
3. The applicant provides, in support of his application, a copy of his
DD Form 214.
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. On 12 June 1970, the applicant enlisted in the United States Army for 3 years. His DD Form 4 (Enlistment Contract) for this period of service is not available for review.
3. Special Orders Number 117, Armed Forces Examining and Entrance Station (AFEES), Chicago, Illinois, dated 12 June 1970, indicate that the applicant had enlisted on that date and was initially assigned to Fort Polk, Louisiana.
4. The applicant completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He served a tour of duty in the Republic of Vietnam and subsequently was assigned to Fort Carson, Colorado.
5. On 17 February 1972, the applicant was released from active duty for the purpose of enlisting in the Army National Guard. He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 7 months and 26 days of creditable active duty service.
6. Item 21 (Home of Record at Time of Entry into Active Service) of the applicant's DD Form 214 shows an address in Chicago, Illinois.
7. On 17 April 1972, the applicant enlisted in the Illinois Army National Guard. His DD Form 4, dated 17 April 1972, shows the same Chicago, Illinois, address as shown on his DD Form 214.
8. On 17 July 1973, the applicant was discharged from the Illinois Army National Guard. NGB Form 22 (Report of Separation and Record of Service) shows his permanent address as the same Chicago address recorded on his DD Form 214.
9. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided, in pertinent part, that the individual's DD Form 4 was the source document for home of record data.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be changed to show his home of record as in Wisconsin.
2. The available evidence shows that the applicant enlisted in the Regular Army at the AFEES, in Chicago, Illinois. There is no available evidence of record showing that the applicant was a resident of Wisconsin at the time.
3. In the absence of evidence to the contrary, it is presumed that the DD Form 214 shows the same home of record information that was recorded on the
DD Form 4. However, should the applicant have, or be able to obtain a copy of his DD Form 4, dated 12 June 1970, showing his home of record to be different from the address shown on his DD Form 214, he may submit another application for consideration.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090012155
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090012155
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090018369
Application for correction of military records (with supporting documents provided, if any). By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service. ABCMR Record of Proceedings (cont) AR20090018369 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2003 | 2003083800C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: Item 19 of the DD Form 214 is not meant to record the address of the member's home or home of record.
ARMY | BCMR | CY2009 | 20090018169
Application for correction of military records (with supporting documents provided, if any). 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. However, the applicant may use these Proceedings as verification that his military records contain official documents and orders which show...
ARMY | BCMR | CY2014 | 20140011376
The applicant, the sister-in-law of a deceased former service member (FSM), requests the home of record (HOR) listed on the FSM's DD Form 1300 (Report of Casualty) be changed from Chicago, Illinois to Galena, Jo Daviess County, Illinois. A DD Form 47 (Record of Induction) shows no entry in item 3 (Home of Record). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the HOR Chicago, Illinois listed in item 4 of his...
ARMY | BCMR | CY2009 | 20090014295
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 215 shows that he entered active duty on 6 July 1979. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his home of record as 1970 W. Melvina Street, Milwaukee, Wisconsin, and providing him with a correction to his DD Form 214.
ARMY | BCMR | CY2006 | 20060003470C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his HOR (home of record) on his 1969 separation document be corrected to reflect an address in Twin Lakes, Wisconsin, vice the address in Richmond, Illinois. 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.
ARMY | BCMR | CY2006 | 20060011367
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 March 2007 DOCKET NUMBER: AR20060011367 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that item 6 (Place of Entry into Active Duty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 September 1985 be corrected to show Chicago,...
ARMY | BCMR | CY2008 | 20080018228
Application for correction of military records (with supporting documents provided, if any). Item 17c (Date of Entry) to show 20 December 1966 instead of 30 December 1966; c. Item 22c (Foreign and/or Sea Service) to show the correct period of foreign service instead of the current entry as 1 year, 1 month, and 7 days; d. Item 23a (Specialty Number and Title) to show his military occupational specialty (MOS) as 67A (Aircraft Maintenance) instead of 72B (Communications Center Specialist);...
ARMY | BCMR | CY2006 | 20060014577
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2007 DOCKET NUMBER: AR20060014577 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) as Illinois. At that time, the city and state of her HOR were...
ARMY | BCMR | CY2011 | 20110009601
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as Illinois. The applicant's request to have his DD Form 214 corrected to show his HOR as Illinois was carefully considered. Although contemporary DD Forms 214 show the HOR, the DD Form 214 the applicant was issued at the time of his separation did not have any provisions for entering the HOR.