RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            12 SEPTEMBER 2006
      DOCKET NUMBER:   AR20060001659


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Raub                     |     |Chairperson          |
|     |Ms. Linda Barker                  |     |Member               |
|     |Mr. Qawly Sabree                  |     |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 the Home of Record (HOR) currently
reflected in his Official Military Personnel File be changed from Baton
Rouge, Louisiana (LA), to Dallas, Texas (TX).

2.  The applicant states that at the time of his enlistment, he mistakenly
gave his HOR as Baton Rouge, LA because he believed that it was only
important for sending his mail to his parents while he was on active duty.
He states that he did not realize it had implications for state benefits at
that time and that his action would result in his being denied the
opportunity to receive the full benefits.  He states that his HOR should be
changed to Dallas, TX, which was his residence before joining the Army.  He
states that his Selective Service Local Board Number, City, State and Zip
Code is reflected as Ennis, Texas; that his enlistment contract shows that
his recruiter was located in Dallas, TX; and that the letter from the
University of North TX indicates that he resided in Dallas, TX, 3 months
before his enlistment in the Army.

3.  The applicant provides in support of his application, a copy of his
Regular Army (RA) Report of Separation (DD Form 214); a copy of his
Enlistment Contract (DD Form 4); notification from the University of North
TX dated 13 September 2005, providing his academic information; a copy of
orders dated 23 July 1980, discharging him from the Ready Reserve; a copy
of his National Guard Bureau Report of Separation (NGB Form 22); and a copy
of portions of his Enlistment/Reenlistment Document (DD Forms 4/1 and 4/2).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 September 1977.  The application submitted in this
case is dated 23 January 2006.

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.  On 26 August 1974, the applicant enlisted in the RA, in Dallas, TX, for
3 years, in the pay grade of E-3.  Although his DD Form 4 shows his
Selective Service Local Board City and State as Ellis, TX, the applicant
listed his HOR as Baton Rouge, LA.  On every official document maintained
in his Official Military Personnel File that covers this period of
enlistment, the applicant's HOR is listed as Baton Rouge, LA.

4.  The applicant was honorably released from active duty on 25 September
1977, and he was transferred to the United States Army Reserve (USAR) to
complete his Reserve obligation.  The DD Form 214 that he was furnished at
the time of his release from active duty shows his HOR as Baton Rouge, LA,
and the applicant signed his DD Form 214 indicating that the information
contained therein was correct.  The applicant was discharged from the Ready
Reserve on 25 August 1980.  The orders that were published discharging him
show his HOR as Baton Rouge, LA.

5.  The applicant enlisted in the Texas Army National Guard (TXARNG) on
13 June 1988.  At the time of his enlistment, he listed his HOR as Fort
Worth, TX. He was honorably discharged from the TXARNG on 12 June 1991, at
the expiration of his service obligation.

6.  The notification from the University of North TX dated 13 December
2005, shows the dates that the applicant attended class.  It indicates that
he was attending class at this university from 9 January 1974 until 14 May
1974, which was 3 months prior to his enlistment in the RA.  The
notification also shows that he returned to the university on 8 July 1978,
which was over 9 months after his release from active duty.

7.  Army Regulation 635-5 prescribes the separation documents which are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army.  It establishes standardized
policy for preparing and distributing the DD Form 214.  It states, in
pertinent part, that a Soldier's initial Enlistment Contract or appointment
document is the source for HOR data.  This regulation further states that
"Home of Record" is the place recorded as the home of record of the Soldier
when commissioned, appointed, enlisted, or ordered to a tour of active
duty.  This cannot be changed unless there is a break in service of at
least 1 full day.  Home of record is not always the same as the legal
domicile as defined for income tax purposes.  Legal domicile may change
during a Soldier's career.



DISCUSSION AND CONCLUSIONS:

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

2.  The applicant's contentions have been noted.  However, he has provided
no proof that the HOR that was documented in his official records during
his RA enlistment is incorrect.  He listed Baton Rouge, LA, as his HOR at
the time of his enlistment, and at the time of his release from active
duty, his signed his DD Form 214, which also reflects his HOR as Baton
Rouge, LA, verifying that the information contained therein was correct.

3.  The notification from the University of North TX has been considered.
Nonetheless, he listed his HOR as Baton Rouge, LA, and every official
document that is maintained in his Official Military Personnel File that
lists his HOR during his RA enlistment shows his HOR as Baton Rouge LA.
His desire to obtain benefits from the State of TX, is not sufficiently
mitigating to warrant the relief requested.

4.  Additionally, the ABCMR does not change official military records
solely for the purpose of making an individual eligible for State benefits.

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

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 August 1980; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 24 August 1983, 3 years after completion of his
Reserve obligation.  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

__AR ___  ___LB___  ___QS __  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.




                                  ______Allen Raub________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001659                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19770925                                |
|DISCHARGE AUTHORITY     |AR 635-200, Ch 2                        |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  222  |112.0000/ENLISTMENT CONTRACT            |
|2.  223                 |112.0100/HOME OF RECORD                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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