IN THE CASE OF:	   

		BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120012705 


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 records to change his home of record (HOR) from Rochester, NY to Madison, WI.

2.  The applicant states he graduated from high school in Madison, WI.  The applicant continues that he enlisted in the Wisconsin Army National Guard (WIARNG) and completed training at Fort Benning, GA in August 1984.  He entered the United States Military Academy (USMA), West Point.  Afterwards his parents moved to Rochester, NY, which is the address he used for his HOR even though he never lived there.

3.  The applicant states he began research for Wisconsin veterans' education benefits and saw that his HOR was incorrectly noted as Rochester, NY.  He never applied for veterans benefits, so he never noticed the error.

4.  The applicant provides:

* a Warranty Deed, State Bar of Wisconsin Form 2, dated 16 July 1984
* a DA Form 3680 (Leave and Earnings Statement) for the period               1-31 December 1984 
* two State of Wisconsin, Department of Revenue Forms for 1984 and 1985
* a U.S. Individual Income Tax Return for 1985
* Orders 84-42, dated 17 May 1985, issued by Headquarters, Fourth United States Army
* Orders 108-06, dated 3 June 1985, issued by the WIARNG
* a 1986 Wisconsin Statement of Real Estate Taxes
* a Federal Housing Administration (FHA) Settlement Agreement, dated 
31 January 1988
* USMA transcripts, prepared on 31 August 1989
* a Statement of Settlement, dated 31 January 1988
* a Commonwealth Relocation Service (CRS), Incorporation (Inc), Letter of Residential Acquisition, dated 12 December 1988
* a CRS, Inc, Letter of Advisement/Assignment, dated 22 December 1988
* a letter to a Member of Congress, dated 21 December 2012 from a County Veterans Service Officer (CVSO), Washington County, WI

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 21 October 1966, the applicant was born in Arlington Heights, WI.  

3.  His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) documenting his enlistment in the WIARNG is unavailable in his records.  A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows that the applicant enlisted in the WIARNG on 
9 January 1984.  On 30 June 1985, he was honorably separated to attend the USMA.  At the time of his separation from the WIARNG, his mailing address was in Madison, WI.

4.  Orders 84-42, dated 17 May 1985, issued by Headquarters, Fourth United States Army, show the applicant entered the USMA on 1 July 1985.  His orders show his HOR as Madison, WI.

5.  The applicant's USMA school transcript shows he entered the USMA on 
1 July 1985.  The document further shows he graduated from Lafollette High School in Madison, WI.

6.  A letter from the applicant's father, dated 22 December 1988, addressed to the Anchor Savings and Loan, Madison, WI, shows the father advised Anchor Savings and Loan that he was relocating as part of his Eastman Kodak employer's relocation benefits program.  The author requested a change of address from Madison, WI to Rochester, NY. 

7.  The applicant graduated from the USMA on 24 May 1989.  There is no evidence the applicant resided at the Rochester, NY residence before or after his graduation from the USMA.

8.  Orders 88-43, dated 11 May 1994, issued by the 5th Personnel Service Company, show the applicant was separated from active duty on 1 June 
1994.  The orders show his HOR as Madison, WI.  

9.  Item 7a (Place of Entry into Active Duty) of the applicant's DD Form 
214 (Certificate of Release or Discharge from Active Duty) shows the entry "USMA WEST POINT, NY" and item 7b (Home of Record at Time of Entry) shows the entry "ROCHESTER, NY."

10.  A memorandum addressed to the applicant from the U.S. Total Army Personnel Command, dated 1 June 1994, shows he was appointed as a Reserve Commissioned Officer effective 2 June 1994.  The memorandum shows his mailing address was in Elkhorn, WI.

11.  Orders D-08-136667, dated 1 August 2001, issued by the U.S. Army Reserve Personnel Command, shows he was honorably discharged from the USAR Control Group (Reinforcement) effective 1 January 2002 and the orders show his mailing address was in Germantown, WI.

12.  The applicant provided a letter from a CVSO, Washington County, WI, dated 
21 December 2012, addressed to a Member of Congress.  The CVSO stated that the applicant was a disabled veteran.  The CVSO further stated the applicant applied to amend his discharge to show his HOR as WI, which would give eligibility for the WI GI Bill.  The Wisconsin Department of Veterans Affairs (WDVA) denied his request.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It provides, in pertinent part, that the HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least one full day.  HOR is not necessarily the same as the legal domicile as defined for income tax purposes; legal domicile may change during a Soldier's career.

14.  The Joint Federal Travel Regulations provide the following guidance relative to the HOR:

HOME OF RECORD (HOR).  The place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.

NOTE 1:  The place recorded as the individual’s home when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted or inducted or ordered into the tour of active duty unless there is a break in service of more than one full day.  Only if a break in service exceeds one full day may the member change the HOR.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was born in Wisconsin and he graduated from high school in Madison, WI.  His NGB Form 22 shows he enlisted in the WIARNG on 9 January 1984 and on 30 June 1985, he was discharged from the WIARNG.  His initial DD Form 4 is not available in his records.  However, it is reasonable to presume the HOR on this document would have been entered as Madison, WI, where he lived with his parents at the time 

2.  Orders show the applicant entered the USMA on 1 July 1985.  The orders show his HOR as Madison, WI.  In July 1988, his parents relocated to Rochester, NY.  It appears that he temporarily used his parents’ address and there is no evidence of record that shows he resided at the location while assigned to the USMA.

3. On 25 May 1989, he was appointed in the RA as a second lieutenant.  Orders show the applicant separated from active duty on 1 June 1994.  The orders show his HOR as Madison, WI.  

4.  Army Regulation 635-5 clearly states the HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least one full day.  There is no evidence in the applicant's records that shows he had a break in service to generate a change to his HOR.  Therefore, his 
DD Form 214 erroneously shows his HOR as Rochester, NY.

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 Amy records of the individual concerned by corrected by:

	a.  deleting from item 7b of his DD Form 214 the entry "ROCHESTER, NY" and

	b.  adding to item 7b of his DD Form 214 the entry "MADISON, 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)                                         AR20120012705



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ABCMR Record of Proceedings (cont)                                         AR20120012705



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