IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110001239
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Wisconsin as his home of record (HOR).
2. The applicant states:
* by not having an HOR on his DD Form 214, he is unable to prove he was a Wisconsin resident at the time of his entry into active duty service
* the absence of an HOR on his DD Form 214 prohibits his pursuit of special veterans' benefits available to Wisconsin veterans
3. The applicant provides no 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's record shows he enlisted in the Regular Army (RA), for a 3-year term, on 26 November 1985. He completed training and was awarded military occupational specialties (MOS) 77F (Petroleum Supply Specialist) and 88M (Motor Transportation Operator).
3. His record contains a DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) showing his HOR and place of enlistment as Milwaukee, WI.
4. On 25 November 1988, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4, by reason of expiration term of service (ETS), and transferred to Company B, 961st Engineer Battalion, Racine, WI a Troop Program Unit of the U.S. Army Reserve.
* Item 6 (Place of Entry into Active Duty) shows he entered active duty from Milwaukee, WI
* Item 19 (Mailing Address after Separation) shows he returned to Milwaukee, WI
5. Army Regulation 635-5 (Personnel Separations Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Table 2-1 states that item 18 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.
DISCUSSION AND CONCLUSIONS:
The applicant's request for correction of his DD Form 214 to show Wisconsin as his HOR was carefully considered and was determined to have merit. Army Regulation 635-5 defines a Soldier's HOR as the HOR they maintained at the time of commissioning, appointment, enlistment, or upon being ordered to a tour of active duty. The evidence of record shows the applicant enlisted in the RA, and was ordered to active duty, at Milwaukee, WI; therefore, it would be appropriate to correct his DD Form 214 to reflect Milwaukee, WI as his HOR.
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 18 of his DD Form 214, for the period ending 25 November 1988, to add "Home of Record: Milwaukee, WI."
__________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) AR20100022014
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ABCMR Record of Proceedings (cont) AR20110001239
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