IN THE CASE OF:	  

		BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140000908 


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) as Toledo, Ohio.

2.  The applicant states his HOR should be changed to show an address in Toledo, Ohio.

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DD Form 93 (Record of Emergency Data)

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.  Item 5 (HOR) of the applicant's DD Form 4 shows an address in Toledo, Ohio.  His DD Form 1966 (Application for Enlistment – Armed Forces of the United States) also shows an address in Toledo, Ohio, in item 4 (HOR).

3.  He enlisted in the Regular Army on 14 September 1979 for a period of 4 years.  On 29 May 1992, he was honorably discharged.

4.  Item 7 of his DD Form 214 shows an address in El Paso, Texas.

5.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides that the HOR address (street, city, county, state, country, and zip code) will be entered in item 4 of the DD Form 1966.  Do not enter a temporary address.  The address must be in the continental United States or a U.S. territory.

6.  Army Regulation 601-280 (Army Retention Program) states the term "home of record" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty.  An HOR can only be changed if there is a break in service of more than 1 day or to correct an error.

7.  The Joint Federal Travel Regulation (JFTR) states the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the HOR as officially recorded at the time of entry into the military service.  However, there is authority to correct an HOR if erroneously entered on the records at that time and then only for travel and transportation purposes.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.  It may not be a place selected for the convenience of the Soldier.

DISCUSSION AND CONCLUSIONS:

1.  The JFTR provides that an HOR may only be corrected if a bona fide error can be established.

2.  The applicant contends the HOR shown on his DD Form 214 is incorrect and he has provided sufficient evidence to show his permanent home was Toledo, Ohio, at the time he enlisted in 1979 and not El Paso, Texas.  Therefore, the entry on his DD Form 4 which shows his HOR as Toledo, Ohio, is accepted as sufficient evidence in which to amend item 7 of his DD Form 214.

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 the entry in item 7 of his DD Form 214 and replacing it with Toledo, OH.



      _____________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)                                         AR20140000908



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ABCMR Record of Proceedings (cont)                                         AR20140000908



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