BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110013545
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that her home of record (HOR) was Milwaukee, Wisconsin at the time of her enlistment.
2. The applicant states that in order for her to receive benefits through the Wisconsin G I Bill her DD Form 214 must reflect her HOR as being from Wisconsin.
3. The applicant provides a copy of her enlistment contract, a copy of her birth certificate and a copy of her Social Security Card.
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 in Milwaukee, Wisconsin on 15 April 1976 for a period of 4 years and training as a medical records specialist. At the time of her enlistment she claimed Milwaukee, Wisconsin as her HOR.
3. She completed her basic training at Fort Jackson, South Carolina and her advanced individual training at Fort Sam Houston, Texas and she remained at Fort Sam Houston for her first assignment. She married another Soldier on 5 November 1977. She remained at Fort Sam Houston until 7 July 1978 when she was transferred to Fort Dix, New Jersey.
4. On 15 April 1980 she reenlisted for a period of 4 years and assignment to Fort Sam Houston. She also changed her HOR to Corpus Christi, Texas. On 23 June 1980 she waived her reenlistment option for assignment to Fort Sam Houston.
5. On 30 September 1980, she was honorably discharged under the provisions of Army Regulation 635-200, paragraph 8-6 for pregnancy. She had served 4 years, 1 month, and 6 days of active service and her DD Form 214 issued at the time of her discharge did not contain a block in which to enter a HOR or a provision to enter a HOR.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time made no provisions for entering the HOR on the DD Form 214. However, it did provide that the remarks section (block 18) could be used to add additional information as needed. It did not preclude adding the HOR in the Remarks section if needed.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that her HOR of Milwaukee, Wisconsin should have been reflected on her DD Form 214 at the time of her discharge has been noted and appears to lack merit.
2. While the HOR was not required to be entered on the DD Form 214 at the time, it could be entered in the remarks section if needed. However, in the applicants case, she changed her HOR when she reenlisted and Milwaukee, Wisconsin was no longer her legal HOR according to her records.
3. Therefore, since she no longer had a HOR of Milwaukee, Wisconsin at the time of her discharge, there appears to be no basis to grant her an exception to enter the HOR on her DD Form 214.
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) AR20110013545
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ABCMR Record of Proceedings (cont) AR20110013545
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