APPLICANT REQUESTS: In effect, that his home of record be changed from St. Louis, Missouri, to Bradenton, Florida. He states that he is a legal resident of the State of Florida; that he is registered to vote in Florida; and that he has a Drivers License from Florida.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military and medical records show:
On 8 May 1963, he was born in Omaha, Nebraska. On 9 September 1992, he enlisted in the U.S. Army Reserve Delayed Entry Program in St. Louis. On 2 October 1992, he enlisted in the Regular Army in St. Louis. His enlistment documents indicate that he graduated from high school and attended college in St. Louis; that he had lived in various cities in Missouri since August 1986, and in St. Louis since January 1992; that he had been employed in St. Louis from March 1987 to June 1992; that his home of record was St. Louis; that he had a Missouri Drivers License, which expired on 8 December 1992; and that his parents lived in Manchester, Missouri, which is near St. Louis.
A Report of Medical Examination, dated 9 September 1992, indicates that his home address was in St. Louis, and that his father lived in Ballwin, Missouri, which is near St. Louis.
A copy of the applicants Florida Drivers License, included with his application, shows that it was issued on 19 March 1996 and that it expires on 8 May 2002.
The Joint Federal Travel Regulation authorizes correction only when, through a bona fide error, the place originally named at the time of current entry into the service was not in fact the actual home. Any such correction must be justified and the home, as corrected, must be the actual home of the member upon entering the service, and not a different place selected for the member's convenience.
Army Regulation 601-210 provides that the street, city, county, state, and zip code of the address declared by the applicant to be his or her permanent home or actual
home at time of enlistment will be listed as his or her home of record, and that a temporary address will not be listed.
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed before 26 October 1961, or within 3 years after discovery of the alleged error or injustice, whichever is later. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the U.S. Army Enlisted Records and Evaluation Center. It contains no information, advice, or recommendation which would constitute a basis for granting the relief requested or for excusing the applicant's failure to timely file.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 2 October 1992, the date the applicant enlisted in the Regular Army. The time for the applicant to file a request for correction of any error or injustice expired on 2 October 1995.
The application is dated 29 March 1996, and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
David R. Kinneer
Executive Secretary
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