BOARD DATE: 29 January 2015 DOCKET NUMBER: AR20140010293 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 (Armed Forces of the United States Report of Transfer or Discharge) ending 29 May 1991 to show his first name as Terry and his home of record (HOR) as Natrona Heights, Pennsylvania 15065. 2. The applicant states his first name and the HOR on the DD Form 214 are incorrect. 3. The applicant provides copies of his: * DD Form 214 ending 26 January 1990 * DD Form 214 ending 29 May 1991 * Last Will and Testament CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records 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. A DD Form 215 (Correction to DD Form 214) was issued on 12 May 1992 showing his first name on the DD Form 214 ending 21 May 1991 was changed to "Terry." A copy of the DD Form 215 is included with these Proceedings Therefore, this portion of his request will not be further discussed in these Proceedings 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 17 July 1989. 4. A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows in item 3 (HOR): Natrona Heights, PA 15065. 5. He was ordered to initial active duty for training (IADT) effective 10 November 1989. 6. He was released from active duty due to completion of training effective 26 January 1990. His DD Form 214 shows in item 7b (HOR): Natrona Heights, PA 15065. 7. A 298th Transportation Company, Franklin, PA, memorandum, Subject: Unit Mobilization, shows his unit was ordered to active duty effective 23 September 1990. His name included on the unit roster and the HOR is shown as Natrona Heights, PA 15065. 8. He was honorably released from active duty on 29 May 1991. His DD Form 214 shows in item 7b (HOR): Las Vegas, NV 89110. 9. There is no record showing he changed his HOR to Las Vegas, Nevada. 10. Army Regulation 635-5 (Separation Documents) at the time prescribed 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. In the version of the regulation in effect at the time, it stated in item 21 enter the HOR at the time of entry into active service 11. The Joint Federal Travel Regulation provides that 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 time of entry into the military service. However, there is authority to correct a 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. DISCUSSION AND CONCLUSIONS: 1. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made. 2. In this case, the evidence of record shows that the applicant listed his HOR as Natrona Heights, PA on his enlistment document. 3. The unit active duty orders show his HOR as Natrona Heights, Pennsylvania, but his DD Form 214 ending 29 May 1991 lists his HOR as Las Vegas, Nevada. 4. There is no available evidence showing he listed his HOR as Las Vegas, Nevada, during his active duty service. The HOR entry on his DD Form 214 ending 29 May 1991 should be corrected. 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 deleting the current entry from item 7b of his DD Form 214 ending 29 May 1991 and replacing it with the entry as shown on his DD Form 4. __________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) AR20110023428 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140010293 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1