BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110003185
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 the entry in item 6 (Place of Entry into Active Duty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.
2. The applicant states he lived in Wisconsin all of his life until he entered into active duty. He and his wife desire to be buried in Wisconsin and his DD Form 214 must be changed to show he entered into active duty from there.
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 retired as a lieutenant colonel/O-5 after completing 24 years,
8 months, and 27 days of total active service.
3. On 7 December 1960, he was ordered to active duty effective 4 February 1961, from Milwaukee, WI, as a Reserve second lieutenant and was appointed as a Regular Army officer in April 1963.
4. The available records show he served continuously on active duty until he was retired on 31 October 1985.
5. His DD Form 214 shows in Item 6 - Fort Benning, GA.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed 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 established standardized policy for preparing and distributing the DD Form 214. Section III, provides instruction for preparation of the DD Form 214. The instructions for item 6 state: "Enter the city and state from which member last entered on active duty from civilian life."
DISCUSSION AND CONCLUSIONS:
1. Records show he was ordered to active duty from Milwaukee, WI, and served continuously on active duty until his retirement.
2. In view of the above, it would be appropriate to correct his records to show he entered into active duty from Milwaukee, WI.
BOARD VOTE:
_____x_ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting from item 6 of his DD Form 214 the entry Fort Benning, GA, and replacing it with 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) AR20090002251
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110003185
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110001239
Application for correction of military records (with supporting documents provided, if any). 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. __________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.
ARMY | BCMR | CY2010 | 20100017830
The applicant requests, in effect, correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record. As such, there is no provision to correct the applicant's DD Form 214 to show his home of record as Wisconsin. He may use this Record of Proceedings as verification that his enlistment document showed Milwaukee, WI, as his home of record at the time of his enlistment in 1982.
ARMY | BCMR | CY2009 | 20090017389
IN THE CASE OF: BOARD DATE: 13 April 2010 DOCKET NUMBER: AR20090017389 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There is no provision to show the home of record on the DD Form 214. As such, there is no provision to correct the applicant's DD Form 214 to show his home of record as Wisconsin.
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 | 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 | CY2009 | 20090004902
Application for correction of military records (with supporting documents provided, if any). 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.
ARMY | BCMR | CY2009 | 20090009755
The applicant requests, in effect, that item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his home of record. The applicants DD Form 4, dated 10 September 1975, shows his home of record was Milwaukee, Wisconsin. However, the applicant may use this Record of Proceedings as verification that his military records contain enlistment documents which show Milwaukee, Wisconsin as his home of record at the time of his entry on active...
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 | 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 | CY2010 | 20100027885
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. His DD Form 214 issued at the time of his REFRAD shows in item 3 (SSN) the entry "x4x-xx-xxxx" and his DD Form 214 does not reflect a HOR. As a result, the Board recommends that all Department of the Army records of the individual concerned...