RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2005
      DOCKET NUMBER:  AR20050002801


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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, in effect, correction of the place of entry
into active duty and home of record that are shown on his discharge
document.

2.  The applicant states, in effect, that the place of entry into active
duty and home of record that are listed in his military service records are
in error and should be corrected.  The applicant further states that he
would like to correct these errors and the injustice which has resulted
that prevents him from obtaining veterans benefits from the state of Texas
where he resides and works.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge From Active Duty), with an effective date of 6
November 1995, and a self-authored statement in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors that occurred
during his military service and culminated in an injustice after his
discharge from the U.S. Army on 6 November 1995.  The application submitted
in this case is dated 12 January 2005 and was supplemented on 18 March
2005.

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's records show that he initially enlisted in the U.S.
Army Reserve (USAR) on 13 May 1989 and entered active duty in the Regular
Army (RA) on 3 August 1989.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 88M (Motor Transport Operator).  On 14 January
1993, the applicant reenlisted without a break in service and continued to
serve on active duty until he was medically discharged under honorable
conditions, on 6 November 1995, after completing 6 years, 3 months, and 4
days of active service.


4.  The applicant's records contain pages 2 though 5 of a DD Form 1966-
Series (Record of Military Processing - Armed Forces of the United States),
dated 5 May 1989.  (As a matter of record, it is noted that page 1 of the
DD Form 1966-Series could not be located in the applicant's records.)  The
DD Form 1966-Series shows in Section V (Certification) that on 5 May 1989
both the applicant and Army recruiting official entered their name and
signed this document in Item 40 (Certification of Applicant) and Item 42
(Certification of Witness), respectively.

5.  The applicant’s records contain DD Forms 4/1 and 4/2 (Enlistment/
Reenlistment Document, Armed Forces of the United States), which show that
he initially enlisted in the U.S. Army Reserve (USAR) on 13 May 1989 for a
period of eight years.  Item 3 (Home of Record) of this document contains
the entry "#### Mangrove Dr, Fayetteville, NC  28314-0000".  Item 4 (Place
of Enlistment/ Reenlistment) of this document shows that the applicant
entered the USAR at the Raleigh Military Entrance Processing Station,
Raleigh, North Carolina.  This document also shows that on 13 May 1989, the
applicant, service representative, and enlistment officer affixed their
signatures to this document in Item 13b, Item 14e, and Item 19e,
respectively.

6.  Page 5 of the applicant's DD Form 1966-Series, shows in Section VI
(Recertification), Item 45 (Recertification by Applicant and Correction of
Data at the Time of Active Duty Entry) that the applicant identified that a
change was required to Items 4 and 5 of the document and entered the change
required in Item 45c as "#### Caprice, Killeen, Texas  76543".

7.  The applicant’s records contain DD Forms 4/3 and 4/4, dated 3 August
1989.  Section F (Discharge from Delayed Entry / Enlistment Program) of
this document shows that the applicant requested to be discharged from the
delayed entry/ enlistment program (DEP) and enlisted in the RA for a period
of 3 years on
3 August 1989.  This document shows in Section G (Approval and Acceptance
by Service Representative), Item 21d (Unit/Command Name), the entry "USA
Recruiting Battalion Dallas" and Item 21e (Unit/Command Address) contains
the entry "Dallas, Texas  75247".  This document also shows that the
applicant confirmed his enlistment in the RA by signing the oath in Item
22b on 3 August 1989.  This document further shows in Item 23 (Enlistment
Officer Information) that the captain of the Dallas Military Entrance
Processing Station, Dallas, Texas, verified that the oath was administered,
subscribed, and duly sworn (or affirmed) by the applicant before him on 3
August 1989.




8.  The applicant's records contain a copy of DD Form 4/1 and 4/2, dated
14 January 1993.  This document shows in Item 3 (Home of Record) the entry
"#### Mangrove Dr., Fayetteville, NC  28314" and in Item 4 (Place of
Enlistment/ Reenlistment the entry "372nd Transportation Company, Ft.
Campbell, KY  42223-5000".

9.  The applicant's records contain a copy of his Defense Finance and
Accounting Service (DFAS) Military Leave and Earnings Statement (LES) for
the period 1 - 31 March 2005.  This document shows in the block for State
Taxes the entry "TX" (i.e., Texas).

10.  The applicant's records contain a copy of Headquarters, National
Training Center and Fort Irwin, Fort Irwin, California, Orders 279-30,
dated 6 October 1995.  These orders promulgated the applicant's discharge
from the RA and show his home of record (HOR) as Fayetteville, NC and place
of entry into active duty or ordered to active duty (PLEAD or OAD) as
Raleigh, NC.

11.  The applicant's records contain a copy of his DD Form 214, with an
effective date of 6 November 1995.  Item 7a (Place of Entry into Active
Duty) contains the entry "Raleigh, NC" and Item 7b (Home of Record at Time
of Entry) contains the entry" #### Mangrove Dr, Fayetteville, NC  28314".
Item 19a (Mailing Address After Separation) shows the entry "#### Caprice
Drive, Killeen, TX  76543".

12.  The applicant provides a copy of his DD Form 214 and a self-authored
statement in support of his application.  The DD Form 214 shows the
information that the applicant claims is incorrect and the self-authored
statement provides information on the applicant's attempt to obtain his
enlistment documents from the Military Entrance Processing Station.

13.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), in effect at the time of the applicant's enlistment, shows, in
pertinent part, that the DD Form 1966-Series is completed by Army
recruiting officials on a person applying for enlistment in the RA or USAR
and is used to determine eligibility for further processing after the DD
Form 1966-Series is completed and signed.

14.  Army Regulation 601-210, Table 5-1 (Instructions for Completing the DD
Form 1966-Series) shows, in pertinent part, that for Item 4 (Current
Address) to enter the street, city, county, State, and ZIP code as of date
of application.  For Item 5 (Home of Record Address) the instructions are
to enter the street, city
county, state, and ZIP code of address declared by the applicant to be
his/her permanent home or actual home at time of enlistment.  Do not enter
a temporary address.

15.  The instructions and required entry for Item 45 (Recertification by
applicant and correction of data at time of AD entry) show, in pertinent
part, that guidance counselors will use Item 45 to correct or change
delayed entrance program entries to Regular Army entries when applicant is
discharged from DEP for enlistment into RA.  This item also shows that the
applicant will sign this section and then the guidance counselor will print
name, grade, social security number, and sign (with) payroll signature.

16.  The Joint Federal Travel Regulations (JFTR), Appendix A (Definitions)
defines the Place From Which Called (or Ordered) to Active Duty (PLEAD) as
the place of acceptance in current enlistment, commission, or appointment
of members of the regular Services, or of members of the Reserve components
when enlisted, commissioned, or appointment for immediate active duty.
This document also notes that the PLEAD changes only if there is a break in
service exceeding one full day, in which case it is the place of entry into
the new period of service.

17.  The JFTR also shows that the home of record (HOR) is the place
recorded as the home of the individual when commissioned, appointed,
enlisted, inducted, or ordered into a tour of active duty.  Note 2 of the
definition provides that travel and transportation allowances are based on
the officially corrected recording in those instances when, through a bona
fide error, the place originally named at time of current entry into the
Service was not in fact the actual home.  Any such correction must be fully
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.

18.  Army Regulation 635-5 (Personnel Separations - Separation Documents),
in effect at the time of the applicant's separation, prescribed the
separation documents that were required to be prepared and furnished to
Soldiers upon separation from the Army.  It also established standardized
policy for preparing and distributing the DD Form 214.  Table 2-1 (DD Form
214 Preparation Instructions) of this Army regulation contains guidance on
the preparation of the DD Form 214.  The instructions show that for Items
7a (Place of Entry into Active Duty) to "enter the city and state from
which Soldier last entered or was ordered to active duty.  For overseas
enlistment addresses, include the APO or FPO".  The instructions for Item
7b (Home of Record) are to "enter the street, city, state,
and zip code the Soldier claims as a permanent home of record.  The term
"Home of Record" means the place recorded as the home of the individual
when commissioned, appointed, enlisted, inducted, or ordered to a tour of
active duty.  It is not necessarily the legal domicile as defined for
income tax purposes.  The HOR is shown on an enlisted Soldier's service
contract and on an officer's order to active duty".

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the place of his entry into
active duty and home of record should be corrected because they were
incorrectly recorded on his enlistment documents and subsequently on his
discharge document.  The applicant provides a copy of his DD Form 214 which
shows his place of entry into active duty as Raleigh, North Carolina, and
his home of record as #### Mangrove Drive, Fayetteville, North Carolina.
The applicant also contends that the place he entered into active duty was
San Antonio, Texas, and that his permanent home (or home of record) has
always been in Killeen, Texas.  The applicant further contends that the
errors cause an injustice that prevents him from obtaining entitlement to
veterans' benefits from the state of Texas where he has resided and worked.

2.  There is no evidence of record, and the applicant provides insufficient
evidence, to show that his place of entry into active duty was San Antonio,
Texas.  Therefore, there is insufficient evidence to change his records to
show San Antonio, Texas, as his place of entry into active duty.

3.  The evidence of records shows that the applicant enlisted into the USAR
at Raleigh, North Carolina on 13 May 1989.  The evidence of records also
shows that he subsequently entered on active duty in the RA at Dallas,
Texas, on
3 August 1989.

4.  The evidence of records show that on 13 May 1989, when the applicant
enlisted in the USAR, he indicated that his home of record was ####
Mangrove Drive, Fayetteville, North Carolina  28314.  However, the evidence
of records also shows that on 3 August 1989, when the applicant enlisted in
the RA, he recertified his personal data and information.  At that time,
the applicant indicated in Item 45 of the DD Form 1966/5, dated 3 August
1989, that his current address and home of record had changed.  The
document was annotated with the information that required change,
referencing Items 4 and 5, and indicating "#### Caprice, Killeen, Texas
76543".  The evidence of record also shows that the service representative
witnessed and authenticated the changes required.

5.  The evidence of records shows that the applicant's DD Form 4/1 was not
updated to reflect the place he entered into active duty (i.e., Dallas,
Texas) or his home of record (i.e., Killeen, Texas), as changed on 3 August
1989.  As a result, the enlistment document, and the information that was
originally entered in Items 3 and 4 of the applicant's DD Form 4/1, dated
13 May 1989, continued to be relied upon as a source document and the
information was relied upon as the applicant's home of record and place of
entry into active duty throughout his active duty service.  This incorrect
home of record and place of entry into active duty information finally
manifested itself (i.e., in the way of transportation and travel
entitlements, state benefits, etc.) when Army human resource officials
issued the applicant's discharge orders and DD Form 214, with an effective
date of 6 November 1995, showing the incorrect information.  Therefore,
based on the foregoing, the applicant's records should be corrected to show
his home of record as #### Caprice Drive, Killeen, Texas  76543 and his
place of entry into active duty as Dallas Military Entrance Processing
Station, Dallas, Texas.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 November 1995; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
5 November 1998.  However, the applicant did not file within the 3-year
statute of limitations, but has provided a compelling explanation that it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SK __  __JTM___  __RLD__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing the applicant's
place of entry into active duty as Dallas, Texas and his home of record as
Killeen, Texas.

2.  The Board also determined that upon receipt of appropriate written
request and/or documentation from the applicant, the Defense Finance and
Accounting Service make appropriate payment due the applicant which may
result from this correction of records.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the applicant's claim that his place of entry into active duty was San
Antonio, Texas.




                            ____ STANLEY KELLEY___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002801                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19951106                                |
|DISCHARGE AUTHORITY     |AR 635-40, Paragraph 4-24b(3)           |
|DISCHARGE REASON        |Disability Severance Pay                |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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