IN THE CASE OF: BOARD DATE: 3 May 2012 DOCKET NUMBER: AR20110021375 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 listed as Milwaukee, WI on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. He states his actual home of record at the time of enlistment was Milwaukee, WI. He adds that he moved there and started working prior to his induction. 3. He provides the following: * DD Form 214 * Employee Security Plan, dated 13 November 1969 * Application for Employment, dated 5 May 1967 * E-mails, dated 18 October 2011 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 9 November 1967. His home of record on his Record of Induction was listed as Sherrill, AR and his current address was listed as Milwaukee, WI. 3. Special Orders Number 251, dated 6 November 1969, released him from active duty effective 7 November 1969. Those orders show his home of record as 3xxx North xth Street, Milwaukee, WI. 4. His DD Form 214 shows in: * Item 21 (Home of Record at Time of Entry into Active Service) Route 1, Box xxx, Sherrill, AR * Item 31 (Permanent Address from Mailing Purposes After Transfer or Discharge) 3xxx North xth Street, Milwaukee, WI 5. He provided his Application for Employment, dated 5 May 1967, that shows his address, prior to his induction, was the same address listed in Milwaukee, WI. He also provided his Employee Security Plan that listed his mother as his beneficiary. Her address was listed as Milwaukee, WI. 6. 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 also establishes standardized policy for preparing and distributing the DD Form 214. The regulation requires the preparer to enter in block 21 the home of record, to include the street, city, county, state, and zip code at the time of initial entry on active duty. DISCUSSION AND CONCLUSIONS: The applicant's Record of Induction verifies that at the time he entered active duty his current address was listed as Milwaukee, WI. Additionally, orders releasing him from active duty also show his home of record as Milwaukee, WI. Therefore, it would be appropriate to correct his DD Form 214 to show his home of record as 3xxx North xth Street, Milwaukee, WI. 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 showing his home of record as 3xxx North xth Street, Milwaukee, WI, as shown on his release from active duty orders, and providing him with a correction to his DD Form 214. ___________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) AR20110021375 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021375 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1