IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100024939
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record.
2. The applicant states that the home of record was not included on the DD Form 214 when he left active duty. He is being denied Wisconsin state education benefits because his home of record is not shown on his DD Form 214.
3. The applicant did not provide any additional evidence.
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 enlisted in the Regular Army for 3 years on 20 September 1984. His enlistment document lists his home of record as 5102 Winnequam Road, Monona, Wisconsin 53716. He later extended that enlistment by one year. He completed training and was awarded military occupational specialty 19E (Tank Crewman).
3. He was released from active duty on 23 June 1988, and assigned to the U.S. Army Reserve Control Group (Reinforcement). The DD Form 214 he was issued shows in item 6 (Place of Entry Into Active Duty) - Milwaukee, WI.
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. There was no authorization to include the home of record on the DD Form 214 at the time of the applicant's separation from active duty.
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.
2. The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. He did not submit evidence that would satisfy this requirement. Therefore, he is not entitled to the requested relief.
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) AR20100000708
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100024939
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