IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090017389
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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) show his home of record.
2. The applicant states by not having a home of record on his DD Form 214 he is unable to prove he was a Wisconsin resident at the time of his entry onto active duty. He also contends the absence of a home of record on a DD Form 214 prohibits his pursuit of special State veteran's benefits.
3. The applicant provides 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. The applicant's military records from the enlistment under review are not available to the Board for review. This case is being considered using reconstructed records which primarily consists of a DD Form 214.
3. The applicants DD Form 214 shows he enlisted in the Regular Army on
25 May 1984 and was discharged on 29 March 1988.
4. Item 6 (Place of Entry into Active Service) on the applicants DD Form 214 shows the entry Milwaukee, WI.
5. The applicant enlisted in the Army National Guard on 23 April 1999. His enlistment contract shows his home of record as Milwaukee, WI.
6. 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. However, it is noted that item 6 of his DD Form 214 shows he entered into active duty at Milwaukee, WI.
2. The ABCMR does not correct a properly-constituted DD Form 214 to establish an applicant's eligibility for veterans or other benefits. The applicant's 1999 enlistment contract shows his home of record as Milwaukee, and presumably his 1984 enlistment contract also showed his home of record as Milwaukee. He may use this Record of Proceedings as verification that his 1984 enlistment document would have showed Milwaukee, WI as his home of record at the time of his enlistment 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) AR20090017389
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090017389
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100017830
The applicant requests, in effect, correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his 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. He may use this Record of Proceedings as verification that his enlistment document showed Milwaukee, WI, as his home of record at the time of his enlistment in 1982.
ARMY | BCMR | CY2009 | 20090009598
Application for correction of military records (with supporting documents provided, if any). As such, there is no provision to correct the applicant's DD Form 214 to show his home of record as Wisconsin. 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...
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 | CY2009 | 20090005846
Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. As such, there is no provision to correct the applicant's DD Form 214 to show his home of record as Wisconsin. 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...
ARMY | BCMR | CY2012 | 20120011377
The applicant requests, in effect, correction of his records to change his home of record (HOR) from Glendale, CA to Wisconsin. The DD Form 214 he was issued shows in: * item 7a (Place of Entry Into Active Duty) - "Milwaukee, WI" * Item 7b (Home of Record at Time of Entry (City and state, or complete address if known)) - "Glendale, CA" 7. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry referring to...
ARMY | BCMR | CY2009 | 20090004987
Application for correction of military records (with supporting documents provided, if any). Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The applicant requests that his DD Form 214 be corrected to show Wisconsin as his home of record at the time he entered active duty in 1980.
ARMY | BCMR | CY2009 | 20090004540
Application for correction of military records (with supporting documents provided, if any). Item 4 of the applicant's DD Form 1966 (Application for Enlistment - Armed Forces of the United States) shows her home of record as Milwaukee, Wisconsin 53205. However, the applicant may use this Record of Proceedings as verification that her military records contain enlistment documents and orders which show Milwaukee, Wisconsin as her home of record.
ARMY | BCMR | CY2009 | 20090009755
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. The applicants DD Form 4, dated 10 September 1975, shows his home of record was Milwaukee, Wisconsin. 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...
ARMY | BCMR | CY2010 | 20100022014
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his 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. The version of this regulation in effect at the time of the applicant's separation from active service did not provide for entering a Soldier's home of record on the DD Form 214.
ARMY | BCMR | CY2011 | 20110001239
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant enlisted in the RA, and was ordered to active duty, at Milwaukee, WI; therefore, it would be appropriate to correct his DD Form 214 to reflect Milwaukee, WI as his HOR. __________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.