IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100027424 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR).  

2.  He states he’s unable to receive a State Veteran’s Education benefit without his HOR being on the DD Form 214.  

3.  He provides a letter from a sergeant first class.  

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 enlisted in the Regular Army on 6 October 1982.  His DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his HOR as Monona, WI.  
3.  Section IV (Personal Data and Family Data) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows his HOR as Monona, WI.  

4.  Orders 182-24, dated 14 September 1985, reassigning him to the U.S. Army separation transfer point, show his HOR as Monona, WI.  

5.  He was released from active duty on 5 October 1985.  His DD Form 214 does not contain an item to enter his HOR.  

6.  Item 19 (Mailing Address After Separation) of his DD Form 214 shows his mailing address as Monona, WI.  

7.  In an undated letter, a sergeant first class stated that the applicant’s HOR at the time of enlistment in the U.S. Army was Monona, WI.  

8.  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.  It establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time did not provide a block for the HOR to be recorded on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant’s HOR as Monona, WI at the time of enlistment.  However, the regulation in effect at time did not provide for entering the HOR on the DD Form 214.  Therefore, there is no basis for granting the applicant’s request.  

2.  The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided which confirms his HOR will be filed in his Official Military Personnel File.  This should serve to clarify any questions in regard to his HOR.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ____________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)                                         AR20100027424



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ABCMR Record of Proceedings (cont)                                         AR20100027424



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