IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100021834
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 his home of record (HOR) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his HOR is missing from his DD Form 214 and without it he is unable to receive a State veteran education benefits. He acknowledges that at the time he served the HOR was not an entry on the DD Form 214.
3. The applicant provides no documentary evidence 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 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 applicants record contains a DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) that shows he enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) for 6 years on 1 February 1983. It further shows he was discharged from the DEP and enlisted in the Regular Army for 3 years on 2 February 1983.
3. Item 5 (Home of Record) of the DD Form 4 in the record lists the applicants HOR as South Milwaukee, Wisconsin, and item 6 (Place of Enlistment/Reenlistment) lists MEPS (Military Entrance Processing Station), Milwaukee, Wisconsin, as the place he entered military service.
4. On 5 October 1983, Headquarters, United States Army Signal Center and Fort Gordon, Fort Gordon, Georgia, Orders 197-9 were published. These orders reassigned the applicant to the United States Army Transfer Point for separation processing, and discharge. Paragraph 2 of these orders contains a HOR lead line and identifies South Milwaukee, Wisconsin as the applicants HOR.
5. On 7 October 1983, the applicant was honorably released from active duty, in the rank of private/E-2, under the provisions of Army Regulation 635-40, paragraph 4-24e(4), by reason of physical disability without severance pay. The DD Form 214 he was issued shows he completed a total of 8 months and 6 days of active military service. Item 6 (Place of Entry into Active Duty) lists Milwaukee, Wisconsin as the place he entered active duty. There is no HOR block listed on the DD Form 214.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicants discharge did not provide for a HOR entry on the DD Form 214. It did provide for entering the place of entry into active duty in item 6. The current version of the regulation provides for entering both the place of entry onto active duty and HOR at time of entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention his HOR should be entered on his DD Form 214 has been carefully considered and found to have merit.
2. Although the regulation in effect at the time only provided for entering the place of entry into active duty on the DD Form 214, and had no provisions for entering the HOR, the current version of the regulation does in fact provide for entering both the place of entry and HOR on the DD Form 214. As a result, it would be appropriate, in the interest of equity, to add the entry Home of Record - South Milwaukee, Wisconsin to item 6 of the applicants DD Form 214.
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 amending item 6 of his DD Form 214 by adding the entry Home of Record South Milwaukee, Wisconsin.
_______ _ _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) AR20100021834
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100021834
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110002050
The applicant provides his DD Form 214. Given there was no block available on the DD Form 214 in effect at the time of the applicants separation for the HOR entry and since it is now an authorized entry, it would be appropriate and serve the interest of justice to add the entry Home of Record - Waupaca, Wisconsin to block 18 of the applicants DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to...
ARMY | BCMR | CY2009 | 20090005880
The applicant states, in effect, she is unable to prove she was a Wisconsin (WI) resident when she entered active duty and it would serve the interest of justice to issue her a DD Form 215 (Correction to DD Form 214) that adds an entry showing her HOR as WI at the time she entered active duty in item 18 (Remarks) of the DD Form 214. The applicant's Official Military Personnel File (OMPF) contains a DD Form 4/1 (Enlistment/Reenlistment Document) which shows, in item 3 (Date of...
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 | 20090004726
He also states that in the interest of justice, he is requesting a correction to his DD Form 214 (DD Form 215) be issued that contains an entry in item 18 (Remarks) that shows his HOR was WI at the time he entered active duty. The applicant provides his DD Form 214 in support of his application. The applicant's Official Military Personnel File (OMPF) contains a DD Form 4/1 (Enlistment/Reenlistment Document) which lists his HOR as Milwaukee, WI in item 5 (Home of Record).
ARMY | BCMR | CY2012 | 20120008762
He provided his HOR as Louisville, Mississippi and his address at the time as Milwaukee, Wisconsin. His DD Form 4 for this enlistment shows both his HOR and place of entry as Milwaukee, Wisconsin. The evidence of record clearly shows the FSM was living in Milwaukee, Wisconsin, at the time of his entry into the Regular Army.
ARMY | BCMR | CY2011 | 20110000703
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add an entry in block 18 (Remarks) to show that his home of record (HOR) at the time of his enlistment was Milwaukee, Wisconsin. 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...
ARMY | BCMR | CY2012 | 20120022426
The applicant requests that his officially recorded home of record (HOR) be changed. His DD Form 214 issued at the time of REFRAD reflects the HOR recorded at the time of his enlistment. There is no authority to change a HOR as officially recorded at time of entry into the military service.
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 | 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 | CY2011 | 20110013545
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that her home of record (HOR) was Milwaukee, Wisconsin at the time of her enlistment. While the HOR was not required to be entered on the DD Form 214 at the time, it could be entered in the remarks section if needed. However, in the applicants case, she changed her HOR when she reenlisted and Milwaukee, Wisconsin was no longer her legal HOR according to her records.