DOCKET NUMBER:  AR20090004322 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his Home of Record (HOR) is Rural Route (RR) 1, Cataract (Monroe), Wisconsin instead of Minnesota.

2.  The applicant states that he thinks that because he was processed by the Minneapolis, Minnesota Military Entrance Processing Station, Minnesota was inadvertently entered as his home of record on his DD Form 214.

3.  The applicant provides 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's military records show that he enlisted in the Regular Army on 27 April 1961.  On his DD Form 4 (Enlistment Record – Armed Forces of the United States) Item 6 (Home Address) has "RR1 Cataract, Monroe Co. Minnesota" entered.  However, the applicant's mother signed a DD Form 373 (Consent, Declaration of Parent or Legal Guardian) showing her address as "RR1 Cataract, Monroe, Wisconsin."  The applicant was awarded the military occupational specialty of automotive repairman and was promoted to pay grade E-4.  

3.  The applicant was honorably released from active duty on 27 May 1964 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  The DD Form 214 he was issued, Item 23 (Home of Record at Time of Entry Into Active Service) has "RR#1, Cataract, (Monroe) Minnesota" entered.  Item 32 (Remarks) shows that the applicant's permanent address for mailing purposes after transfer or discharge was "RR1, Cataract, (Monroe) Wisconsin."

4.  A review of maps in GOOGLE show both a Monroe Wisconsin and Monroe Minnesota.  However, GOOGLE shows a Cataract Wisconsin and not a Cataract Minnesota.

5.  Wikapedia shows Cataract as an unincorporated community in the town of Little Falls in Monroe County, Wisconsin, United States.

DISCUSSION AND CONCLUSIONS:

1.  While there is a Monroe in both Wisconsin and Minnesota, and the two states are used interchangeably in the applicant's records, there is a Cataract in Wisconsin and not Minnesota.

2.  As such, it is reasonable to conclude that the applicant's proper HOR is in Wisconsin and it would now be appropriate to correct his records to show his proper HOR.





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 by showing his HOR as "RR1, Cataract (Monroe) Wisconsin."



      _______ _   __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)                                         AR20090004322





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ABCMR Record of Proceedings (cont)                                         AR20090004322



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