BOARD DATE: 16 August 2011 DOCKET NUMBER: AR20110003185 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 the entry in item 6 (Place of Entry into Active Duty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. 2. The applicant states he lived in Wisconsin all of his life until he entered into active duty. He and his wife desire to be buried in Wisconsin and his DD Form 214 must be changed to show he entered into active duty from there. 3. The applicant provides a copy of his DD Form 214. 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 retired as a lieutenant colonel/O-5 after completing 24 years, 8 months, and 27 days of total active service. 3. On 7 December 1960, he was ordered to active duty effective 4 February 1961, from Milwaukee, WI, as a Reserve second lieutenant and was appointed as a Regular Army officer in April 1963. 4. The available records show he served continuously on active duty until he was retired on 31 October 1985. 5. His DD Form 214 shows in Item 6 - Fort Benning, GA. 6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. Section III, provides instruction for preparation of the DD Form 214. The instructions for item 6 state: "Enter the city and state from which member last entered on active duty from civilian life." DISCUSSION AND CONCLUSIONS: 1. Records show he was ordered to active duty from Milwaukee, WI, and served continuously on active duty until his retirement. 2. In view of the above, it would be appropriate to correct his records to show he entered into active duty from Milwaukee, WI. BOARD VOTE: _____x_ ____x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 deleting from item 6 of his DD Form 214 the entry Fort Benning, GA, and replacing it with Milwaukee, 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) AR20090002251 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110003185 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1