IN THE CASE OF:
BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110021375
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 his home of record be listed as Milwaukee, WI on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his actual home of record at the time of enlistment was Milwaukee, WI. He adds that he moved there and started working prior to his induction.
3. He provides the following:
* DD Form 214
* Employee Security Plan, dated 13 November 1969
* Application for Employment, dated 5 May 1967
* E-mails, dated 18 October 2011
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 inducted into the Army of the United States on 9 November 1967. His home of record on his Record of Induction was listed as Sherrill, AR and his current address was listed as Milwaukee, WI.
3. Special Orders Number 251, dated 6 November 1969, released him from active duty effective 7 November 1969. Those orders show his home of record as 3xxx North xth Street, Milwaukee, WI.
4. His DD Form 214 shows in:
* Item 21 (Home of Record at Time of Entry into Active Service) Route 1, Box xxx, Sherrill, AR
* Item 31 (Permanent Address from Mailing Purposes After Transfer or Discharge) 3xxx North xth Street, Milwaukee, WI
5. He provided his Application for Employment, dated 5 May 1967, that shows his address, prior to his induction, was the same address listed in Milwaukee, WI. He also provided his Employee Security Plan that listed his mother as his beneficiary. Her address was listed as Milwaukee, WI.
6. 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 the DD Form 214. The regulation requires the preparer to enter in block 21 the home of record, to include the street, city, county, state, and zip code at the time of initial entry on active duty.
DISCUSSION AND CONCLUSIONS:
The applicant's Record of Induction verifies that at the time he entered active duty his current address was listed as Milwaukee, WI. Additionally, orders releasing him from active duty also show his home of record as Milwaukee, WI. Therefore, it would be appropriate to correct his DD Form 214 to show his home of record as 3xxx North xth Street, Milwaukee, WI.
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 showing his home of record as 3xxx North xth Street, Milwaukee, WI, as shown on his release from active duty orders, and providing him with a correction to his DD Form 214.
___________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) AR20110021375
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110021375
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130008835
Application for correction of military records (with supporting documents provided, if any). Correction of the home of record must be based on evidence that a bona fide error was made and the home of record as corrected must have been the actual home of the individual at the time of entry into the relevant period of service. DISCUSSION AND CONCLUSIONS: The applicant's Record of Induction verifies that the Selective Service System Court House Annex was located in Appleton, WI and prior to...
ARMY | BCMR | CY2009 | 20090006936
He also states that he is requesting the issuance of a DD Form 215 (Correction to the DD Form 214) that shows his HOR in item 18 of his DD Form 214. 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 Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty...
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 | 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 | CY2012 | 20120011377
The applicant requests, in effect, correction of his records to change his home of record (HOR) from Glendale, CA to Wisconsin. The DD Form 214 he was issued shows in: * item 7a (Place of Entry Into Active Duty) - "Milwaukee, WI" * Item 7b (Home of Record at Time of Entry (City and state, or complete address if known)) - "Glendale, CA" 7. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry referring to...
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...
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 | 20090018369
Application for correction of military records (with supporting documents provided, if any). By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service. ABCMR Record of Proceedings (cont) AR20090018369 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
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 | 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.