RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 MARCH 2005
      DOCKET NUMBER:  AR20040005080


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. James Gunlicks                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his home of record on his DD Form 214
(Certificate of Release or Discharge from Active Duty) be corrected to
reflect     El Paso, Texas vice Umatilla, Florida.

2.  The applicant states that he currently lives in El Paso and has lived
there since 1985.  He purchased a house in El Paso in 1986.  He works in
Texas and pays taxes there.  His driver’s license was issued in Texas.  He
was commissioned in Texas.

3.  The applicant provides a copy of his DD Form 214, a copy of a 30
January 1987 oath of office, and a copy of orders retiring him from active
duty.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 February 2000.  The application submitted in this case
is dated 19 June 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army for 3 years on 28 April 1971 in
Jacksonville, Florida.  His home of record on his enlistment document was a
post office box in Umatilla Lake, Florida.

4.  The applicant reenlisted on four occasions thereafter, on 7 September
1973, 28 April 1975, 13 September 1978, and 5 July 1984.  His home of
record on each of those enlistment documents was listed as Umatilla Lake or
Umatilla, Florida.

5.  On 3 September 1985 while at Fort Benjamin Harrison, Indiana, the
applicant was ordered to active duty in the grade of chief warrant officer
two (CW2), with a date of appointment of 20 September 1985.  He was
appointed a Reserve warrant officer in the grade of CW2 on 20 September
1985 at Fort Benjamin Harrison.  On 30 January 1987 he was appointed a
Reserve commissioned officer in the grade of CW2 at Fort Bliss, Texas.  On
8 December 1987 he was appointed a Regular Army commissioned officer in the
grade of CW2 at Fort Bliss, Texas.

6.  The applicant was promoted to the grade of CW3 on 1 November 1992.  On
14 October 1999 orders were published retiring him from active duty
effective on 29 February 2000.  His home of record shown on those orders is
Florida.  The applicant’s 29 February 2000 DD Form 214 shows that the date
that he entered on active duty was 20 September 1985 (the date that he was
appointed as a warrant officer).  His home of record is shown as Umatilla,
Florida.

7.  Army Regulation 601-280 states that the Home of Record is the place
recorded as the home of the soldier when entered into the current tour of
active duty.  It is not necessarily the legal domicile as defined for
income tax purposes.  Effective 1 January 1987, Home of Record 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 home 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 one full day.
Only if a break in service exceeds one full day, can the home of record be
changed by the member.

8.  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 the actual home of the member upon entering the service,
and not a different place selected for the member’s convenience.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant’s home of record at
the time of his enlistment in the Army was Umatilla or Umatilla Lake,
Florida.  His enlistment documents thereafter all show the same home of
record.  The applicant’s status did change in 1985 when he was appointed as
a CW2; however, there is no evidence of a break in service.  Even so, there
is also no evidence of a change in his home of record.  The fact that he
was appointed as a commissioned warrant officer and a subsequently a
Regular Army warrant officer at Fort Bliss had no effect on his tour of
duty.  Notwithstanding the applicant’s contention, there is no evidence
that an error existed and no evidence that he has had a break in service of
more than one day.

2.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy that requirement.

3.  In view of the foregoing, there is no basis for granting the
applicant's request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 February 2000; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      28 February 2003.  However, the applicant did not
file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___TH  __  ___RO__  ___JG  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  _____Thomas Howard______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005080                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050322                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]