IN THE CASE OF:
BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120008762
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, the widow of the deceased former service member (FSM), requests, in effect, correction of the FSM's DD Form 214 (Report of Separation from Active Duty) to show his home of record (HOR) as Milwaukee, Wisconsin.
2. The applicant states that the FSM's son is entitled to his father's benefit for education and needs this correction so he can attend the University of Wisconsin at Madison.
3. The applicant provides copies of:
* Statement of employment for the FSM, dated 3 April 2012
* FSM's death certificate
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. A DD Form 1966 (Application for Enlistment - Armed Forces of the United States) indicates that the FSM requested to enlist on 29 August 1975. He provided his HOR as Louisville, Mississippi and his address at the time as Milwaukee, Wisconsin.
3. His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 29 August 1975, shows the FSM's HOR as Louisville, Mississippi and his place of enlistment as Milwaukee, Wisconsin.
4. His DD Form 214 shows that the FSM enlisted in the Regular Army on
29 August 1975, served for a period of 2 years, 11 months, and 24 days of creditable active duty service and was discharged on 22 August 1978.
a. The FSM's HOR is recorded as Louisville, Mississippi.
b. The FSM's place of entry into active duty is recorded as Milwaukee, Wisconsin.
c. The FSM's mailing address is recorded as Milwaukee, Wisconsin.
5. His DA Form 2-1 (Personnel Qualification Record - Part II) for the period
29 August 1975 to 22 August 1978 shows in Item 25 (Home of Record Address): Louisville, Mississippi.
6. The FSM subsequently enlisted in the U.S. Army Reserve (USAR) on
3 November 1978 for a period of 1 year. His DD Form 4 for this enlistment shows both his HOR and place of entry as Milwaukee, Wisconsin.
7. His DD Form 1966, dated in 1978, records the FSM's place of birth as Louisville, Mississippi, and he went to school there. His parent's home was still there at the time of his enlistment.
8. His DA Form 2-1 for the period 3 November 1978 to his discharge from the USAR on 2 November 1979 shows in Item 25 (Home of Record Address) Milwaukee, Wisconsin.
9. The Joint Federal Travel Regulation provides that the HOR is the place recorded as the home of the individual at the time of enlistment or induction. There is no authority to change the HOR as officially recorded at time of entry into the military service. However, there is authority to correct a HOR if erroneously entered on the records at that time and then only for travel and transportation purposes. Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service. It may not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM's DD Form 214 should be corrected to show his HOR as Milwaukee, Wisconsin, so that his son may receive education benefits based on his father's military service.
2. The evidence of record clearly shows the FSM was living in Milwaukee, Wisconsin, at the time of his entry into the Regular Army. However, he chose to make his HOR the same as his parents, the place where he was born and had completed school. After his discharge from active duty, the FSM subsequently enlisted in the USAR for a short period and he had then elected his HOR as Milwaukee, Wisconsin.
3. The evidence of record does not suggest that the FSM made a mistake or error in his HOR decision. He apparently considered his permanent home address as that of his parents until after completing his active duty service, when he then considered his own home in Milwaukee, Wisconsin, as his permanent address.
4. The governing regulation does not provide for changing a HOR for the purpose of obtaining benefits.
5. In view of the above, the applicant's request should be denied.
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) AR20120008762
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