BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130008835
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 changed from Rockford, IL to XXXX 1/2 West Fifth Street, Appleton, WI 54911.
2. He states he lived in Appleton, WI prior to being drafted and he was employed at Tuttle Press Company in Appleton. He adds he returned to live in that city after his enlistment. He used his parents address in Rockford, IL as his home of record because of correspondence he might receive. He states he has since found out that this was an error on his part and this error is now affecting the possible benefits for his stepchildren.
3. He provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Self-authored statement
* Notarized Residence Affidavit
* International Brotherhood of Pulp, Sulphite and Paper Mill Workers Union Member's 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 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. The applicant was inducted into the Army of the United States on
12 December 1968. His home of record and current address was listed as Rockford, IL.
3. His DD Form 398 (Statement of Personal History) lists his residence from June 1967 to December 1968 as XXXX 1/2 West Fifth Street, Appleton, WI.
4. His Record of Induction shows the Selective Service System Court House Annex was located in Appleton, WI. Additionally, he was inducted at the U.S. Armed Forces Examining and Entrance Station in Milwaukee, WI. His civilian job at the time was listed as a "Mill Worker."
5. On 11 September 1970, he was honorably released from active duty and credited with completing 1 year and 9 months of active service. His DD Form 214 shows in:
* Item 8 (Place of Birth) Appleton, WI
* Item 9b (Selective Service Local Board Number, City, County, State and Zip Code) Appleton, WI
* Item 20 (Place of Entry into Current Active Service) Milwaukee, WI
* Item 21 (Home of Record) Rockford, IL
* Item 31 (Permanent Address for Mailing Purposes after Transfer or Discharge) Appleton, WI
6. The applicant provided an International Brotherhood of Pulp, Sulphite and Paper Mill Workers Union Member's Withdrawal Card that shows he was admitted as a member of the union on 20 May 1968. He also provided a Notarized Residence Affidavit that lists his employer name as Tuttle Press Company, Appleton, WI from May 1968 to June 1985.
7. 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 establishes standardized policy for preparing and distributing the DD Form 214. It states that a Soldier's initial enlistment contract or appointment document is the source for place of entry into active duty data and to enter the city and state where the Soldier entered active duty.
8. The Joint Federal Travel Regulation provides that the home of record is the place recorded as the home of the individual at the time of enlistment or induction. There is no authority to change the home of record as officially recorded at the time of entry into the military service. However, there is authority to correct a home of record if erroneously entered in the records at that time and then only for travel and transportation purposes. 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. It may not be a place selected for the convenience of the Soldier.
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 his induction he was a mill worker in Appleton, WI as verified by his DD Form 398 and Notarized Residence Affidavit. Therefore, it would be appropriate to correct his DD Form 214 to show his home of record as XXXX 1/2 West Fifth Street, Appleton, WI 54911.
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 amending his DD Form 214 to show his home of record as XXXX 1/2 West Fifth Street, Appleton, WI 54911.
_______ _ 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) AR20120013311
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ABCMR Record of Proceedings (cont) AR20130008835
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