IN THE CASE OF:
BOARD DATE: 2 February 2010
DOCKET NUMBER: AR20090014295
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 request that his home of record be listed as Wisconsin on his
2 December 1982 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he was a resident of Wisconsin at the time of entry on active duty on 06 July 1979.
3. The applicant provides a copy of his DD Form 214 and his DD Form 215 (Correction to 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 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 available records show he enlisted in the Army National Guard of the State of Wisconsin on 17 September 1977.
3. Orders 98-110, dated 18 May 1979, show that the applicant was ordered to active duty with a report date of 6 July 1979. His home of record was listed as 1970 W. Melvina Street, Milwaukee, Wisconsin.
4. Item 6 (Place of Entry into Active Duty) of the applicant's 2 December 1982 DD Form 214 refers to item 18 (Remarks) which shows that the applicant was separated from the service on temporary records and his affidavit. The remarks block also indicates that a DD Form 215 will be issued to provide missing information.
5. The applicant's DD Form 215 shows that he entered active duty on 6 July 1979. He was credited with 3 years, 4 months, and 11 days of active duty service. However, his home of record was not listed on this form.
6. The applicant's complete enlistment documents are not contained in his military records.
7. Army Regulation 601-280 (Army Retention Program) states that the home of record is the place recorded as the home of the Soldier when he or she entered into the current tour of active duty. It is not necessarily the legal domicile as defined for income tax purposes. Effective 1 January 1987, home of record is 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, inducted, or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day. Only if a break in service exceeds 1 full day can the home of record be changed by the member.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that the applicant enlisted in the Wisconsin Army National Guard. Orders 98-110 show that he was ordered to active duty and lists his home of record as 1970 W. Melvina Street, Milwaukee, Wisconsin. Therefore, the applicant's DD Form 214 should be corrected to show this address in item 6.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. 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.
_____________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) AR20090014295
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ABCMR Record of Proceedings (cont) AR20090014295
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