BOARD DATE: 18 January 2011
DOCKET NUMBER: AR20100017830
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, correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to 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 on active duty in 1982. He also contends the absence of a home of record on his DD Form 214 prohibits his pursuit of special State veterans' benefits.
3. The applicant provides:
* letter from the State of Wisconsin Department of Veterans Affairs, dated 22 January 2009
* 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 enlistment contract shows his home of record as Milwaukee, WI. He enlisted in the Regular Army on 22 September 1982, served as an administrative specialist, and was released from active duty on 21 September 1984.
3. Item 6 (Place of Entry into Active Service) of the applicant's DD Form 214 shows the entry "Milwaukee, WI."
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time stated that the city and state from which member last entered active duty from civilian life would be entered in item 6 of 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 active duty in 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 1982 enlistment contract shows his home of record as Milwaukee, WI. 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.
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 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) AR20100017830
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017830
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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