IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20110000703
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 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.
2. The applicant states that his HOR at the time of his enlistment was Milwaukee, Wisconsin; however, his DD Form 214 does not contain a HOR and he is being denied a special veterans benefit for individuals who had a HOR of Wisconsin on their DD Form 214. Accordingly, he desires that a DD Form 215 be issued to reflect his HOR as Milwaukee, Wisconsin.
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 was born in Tanzania, East Africa on 10 May 1964 and immigrated to the United States on 13 March 1979. He graduated from high school in Milwaukee, Wisconsin in June 1983.
3. On 4 November 1987 he enlisted in the Regular Army in Milwaukee, Wisconsin for a period of 2 years. His HOR at that time was also in Milwaukee, Wisconsin.
4. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a power generator repairman at Fort Belvoir, Virginia and was transferred to Korea for a 1-year tour. He completed his tour of duty in Korea and was transferred to Fort Ord, California where he served until he was honorably released from active duty (REFRAD) on 3 November 1989. He had served 2 years of active service.
5. His DD Form 214 issued at the time of his REFRAD did not contain a space for the entry of his HOR. Accordingly, it was not a required entry at that time.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time did not provide for the entry of the HOR of the DD Form 214. However, the regulation did provide that item 30 (Remarks) could be used to add entries or continue entries when there was not sufficient space on the form to complete entries.
DISCUSSION AND CONCLUSIONS:
1. Although there were no provisions for entering the HOR on the DD Form 214 at the time, there were also no provisions which prohibited the entry of the HOR in item 18 of the DD Form 214.
2. Therefore, given the circumstances in this case, it would be in the interest of justice to add the applicants HOR to item 30 of his DD Form 214 in order for him to qualify for a benefit that may be available to him by virtue of being a Wisconsin resident during his service.
3. Accordingly, his DD Form 214 should reflect his HOR as Milwaukee, Wisconsin.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 adding the entry HOR: Milwaukee, Wisconsin to item 18 of his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110000703
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ABCMR Record of Proceedings (cont) AR20110000703
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