RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 March 2007 DOCKET NUMBER: AR20060011367 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Ms. Wanda L. Waller Analyst The following members, a quorum, were present: Mr. James Anderholm Chairperson Mr. Scott Faught Member Mr. Roland Venable Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that item 6 (Place of Entry into Active Duty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 September 1985 be corrected to show Chicago, Illinois instead of Fort Knox, Kentucky. 2. The applicant states, in effect, that he was ordered to active duty from the Illinois Army National Guard and his home of record was Chicago, Illinois. He contends that his first duty station on active duty was Fort Knox, Kentucky and that his place of entry into active duty should reflect Chicago, Illinois. 3. The applicant provides a DD Form 214 for the period ending 20 September 1985. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 20 September 1985. The application submitted in this case is dated 31 July 2006. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. Item 15 (Accepted At) on the applicant’s DD Form 4 (Enlistment Contract), dated 28 March 1975, shows the entry, “Chicago, IL” and this form also shows his home of record is Chicago, Illinois. He enlisted in the Illinois Army National Guard on 28 March 1975 for a period of 6 years. He was ordered to active duty on 16 May 1975 for training and released from active duty on 16 October 1975. 4. Item 5c (Home of Record) on the applicant’s DD Form 214 (Report of Separation from active Duty) for the period ending 16 October 1975 shows the entry, “NA [Not Applicable].” 5. On 1 August 1978, the applicant was involuntarily ordered to active duty for a period of 18 months and 14 days. His DA Form 2-1 (Personnel Qualification Record) shows he reported to Fort Knox, Kentucky on 1 August 1978. His DD Form 4, dated 31 October 1979, shows he enlisted in the Regular Army for a period of 3 years. 6. On 20 June 1980, the applicant extended his enlistment for a period of 3 years. On 20 September 1985, the applicant was honorably discharged by reason of physical disability with severance pay. 7. Item 6 on the applicant’s DD Form 214 for the period ending 20 September 1985 shows the entry, “FT KNOX KY [Fort Knox, Kentucky].” 8. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time stated, in pertinent part, that the city and state from which member last entered on active duty from civilian life would be entered in item 6 on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows the applicant’s home of record is Chicago, Illinois and that he was accepted at Chicago, Illinois when he enlisted in the Illinois Army National Guard (i.e. from civilian life). Evidence of record also shows that when he was involuntarily ordered to active duty on 1 August 1978 his first duty station was Fort Knox, Kentucky. 2. However, the applicant was not a civilian when he was ordered to active duty on 1 August 1978. The regulatory requirement is to enter in item 6 of the DD Form 214 the city and state from which the member last entered on active duty from civilian life. Therefore, it is reasonable to presume that the applicant’s contention that he was ordered to active duty from his home of record is accurate. Based on the foregoing, it would be appropriate to correct item 6 on his DD Form 214 for the period ending 20 September 1985 to show Chicago, Illinois. 3. Records show the applicant should have discovered the alleged error now under consideration on 20 September 1985; therefore, the time for the applicant to file a request for correction of any error expired on 19 September 1988.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: JA____ _SF_____ _RV_____ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry in item 6 on his DD Form 214 for the period ending 20 September 1985; and b. adding the entry, “Chicago, Illinois” in item 6 on this DD Form 214. __James Anderholm_____ CHAIRPERSON INDEX CASE ID AR20060011367 SUFFIX RECON DATE BOARDED 20070306 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 100.0000 2. 3. 4. 5. 6.