IN THE CASE OF:	  

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090018369 


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 the home of record (HOR) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect Muskego, Wisconsin (WI) instead of Lombard, Illinois (IL).

2.  The applicant states the HOR on his DD Form 214 should be Muskego, WI.  He claims he was residing in Muskego, WI with his aunt when he entered the military.  However, his mother's address was located in Lombard, IL and it was entered as his HOR even though he had not lived there for about 3 years. 

3.  The applicant provides 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's DD Form 4 (Enlistment Contract-Armed Forces of the United States) contains the following information in the items indicated: 

	a.  Item 6 (Date of Enlistment/Induction) - He enlisted in the Regular Army on 8 November 1972;

	b.  Item (Name and Location of Activity Effecting Enlistment Reenlistment/Induction) - Entry location of Armed Forces Examining and Entrance Station (AFEES) Chicago, IL;

	c.  Item (Place of Birth) - Milwaukee, WI; and 

	d.  Item 41 (HOR) - XX W XXX Burdette Road, Lombard, IL.

3.  The record contains a DD Form 373 (Consent, Declaration of Parent or Legal Guardian) prepared during the applicant's enlistment processing.  This document was authenticated by his legal guardians at the time and shows his place of application for enlistment was in Lombard, IL.  It further shows his place of birth as Milwaukee, WI.

4.  The applicant's DD Form 214 contains the following information in the items indicated: 

	a.  Item 11c (Reason and Authority) - Chapter 13, Army Regulation 
635-200, Separation Program Designator (SPD) 264 (Unsuitability);

	b.  Item 11d (Effective Date) - 28 March 1974;

	c.  Item 20 (Place of Entry into Current Active Service) - Chicago, IL; and 

	d.  Item 21 (HOR at Time of Entry into Active Service) - 
XX West XXX Street, Lombard, IL 60148.  

5.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army Retention Program.  Table 11-1 provides instructions for completing the DD Form 4 and states the HOR is defined by law and regulation as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  




6.  The Joint Federal Travel Regulation (JFTR) provides guidance on HOR and states the following:

	a.  HOR is the place recorded as the home of the individual at the time of enlistment or induction;

	b.  There are no provisions for changing the HOR officially recorded at time of entry into the military service.

	c.  HOR can be corrected if erroneously entered on the records at that time, and then only for travel and transportation purposes; and 

	d.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service;

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his HOR should be changed to reflect Muskego, WI instead of Lombard, IL was carefully considered.  However, the evidence is not sufficient to support his claim. 

2.  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.  Any correction of a HOR must be based on evidence that a bona fide error was made.  

3.  The evidence of record contains an enlistment contract authenticated by the applicant and a DA Form 373 authenticated by his legal guardians at the time of his entry into the Army in 1972.  These official documents confirm his HOR was Lombard, IL.  Absent evidence that an error occurred in the recording of his HOR at the time of entry into the military there is an insufficient evidentiary basis to support changing it at this late date.  

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 this requirement.


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)                                         AR20090018369



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ABCMR Record of Proceedings (cont)                                         AR20090018369



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