IN THE CASE OF: BOARD DATE: 12 May 2011 DOCKET NUMBER: AR20100026382 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 (HOR) at the time of his entry on active duty be changed to XXXX N____ Road, Mansfield, OH. 2. The applicant states the information should have shown his HOR as Mansfield, OH. He noticed the mistake when he applied for the State war bonus benefit. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 September 2006. 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. He enlisted in the U.S Army Reserve (USAR) on 19 September 1997 for a period of 3 years. Item 3 (Home of Record) of his DD Form 4 (Enlistment/ Reenlistment Document – Armed Forces of the United States) shows his HOR as XXXX N. M____, Springfield, MO. 3. He immediately reenlisted on 11 August 2000 for a period of 6 years. Item 3 of his DD Form 4 shows his HOR as XXXX N. M____, Springfield, MO. 4. U.S. Army Human Resources Command Orders R-10-579823, dated 14 October 2005, ordered him to active duty in an Active Guard Reserve (AGR) status for a period of 3 years assigned to the U.S. Army Recruiting Battalion, Columbus, OH. The orders were mailed to him at XXX W. H____ Street, Springfield, MO. The reporting date on these orders was 31 October 2005 with temporary duty en route from 15 October-28 October 2005. The orders show his HOR as Springfield, MO. 5. On 22 September 2006, he was released from active duty and transferred to the USAR Control Group (Reinforcement). Item 7b of his DD Form 214 shows his HOR as XXX W. H____ Street, Springfield, MO. 6. Table 11-1 of Army Regulation 601-280 (Total Army Reenlistment Program), states the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day. Only if a break in service exceeds 1 full day can the HOR be changed by the member. DISCUSSION AND CONCLUSIONS: 1. He enlisted in the USAR on 19 September 1997. His HOR was designated as Springfield, MO. He was not entitled to change his HOR when he reenlisted on 11 August 2000. 2. He was ordered to active duty for 3 years in an AGR status effective 31 October 2005. He was being ordered into a relevant tour of active duty at that time. Therefore, he was entitled to designate a new HOR at that time. However, his orders to active duty show he was residing at XXX W. H____ Street, Springfield, MO, and his HOR is shown as Springfield, MO. There is no evidence this was not his HOR at the time. 3. Because he was residing at XXX W. H____ Street, Springfield, MO, at the time he was ordered into the relevant tour of active duty, the entry in item 7b of his DD Form 214 showing his HOR as Springfield, MO, is correct. 4. In view of the above, there is no basis for changing his HOR to Mansfield, OH. 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 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) AR20100026382 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100026382 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1