BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110002050
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 of Discharge from Active Duty) to add his home of record (HOR).
2. The applicant states his HOR is missing from his DD Form 214 and without it being annotated on this document he is unable to receive a State bonus. He states the HOR was not included on the DD Form 214 at the time of his separation.
3. The applicant provides 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 enlisted in the Regular Army on 22 October 1985. Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) contained in his record lists his HOR as Route 6, Box 9xx, Waupaca, WI. Item 4 (Place of Enlistment/Reenlistment) contains the entry "Milwaukee MEPS (Military Entrance Processing Station)."
3. The applicant served on active duty for 3 years, 3 months, and 3 days until being honorably released from active duty on 24 January 1989. Block 6 (Place of Entry into Active Duty) of his DD Form 214 shows the entry "Milwaukee, WI. There is no HOR entry listed on the
DD Form 214.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing DD Form 214. The instructions for preparation of the DD Form 214 in the version of the regulation in effect at the time of the applicants discharge from the RA in 1981 stated to entry the city and state from which member last entered on active duty from civilian life. There was no HOR block provided on the DD Form 214 used at the time. The current version of the DD Form 214 provides for entering both the city and state of entry on active duty and the HOR at the time of initial entry on active duty in the place of entry block. Block 18 (Remarks) of the DD Form 214 has always been used to add significant information authorized by Headquarters, Department of the Army when a separate block is not available.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the HOR to his DD Form 214 has been carefully considered and found to have merit.
2. 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.
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 adding to block 18 of his DD Form 214 the entry Home of Record - Waupaca, 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) AR20110002050
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ABCMR Record of Proceedings (cont) AR20110002050
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