RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 February 2007
      DOCKET NUMBER:  AR20060008692


      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. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 his Home of Record
(HOR) shown on his separation documents.

2.  The applicant states, in effect, that although he enlisted while
staying with his mother in Indiana, his HOR should be changed on his
separation documents to reflect his father’s address in Dallas, Texas,
because he was actually raised by and lived with his father.

3.  The applicant provides no additional documentation in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records contain a DD Form 1966-Series
(Record of Military Processing - Armed Forces of the United States)
completed by the applicant and an Armed Forces representative to determine
the applicant's eligibility for enlistment in the Armed Forces of the
United States.  Section I (Personal Data), Item 5 (Home of Record Address),
of this document shows, in pertinent part, the applicant indicated his HOR
was Petersburg, Indiana (IN).

2.  The applicant’s military service records contain a DD Form 4
(Enlistment/ Reenlistment Document, Armed Forces of the United States),
dated 29 November 1994, which shows that he initially enlisted in the U.S.
Army Reserve (USAR) on 29 November 1994 for a period of 8 years.  Item 3
(Home of Record) of this document contains the entry "###_____________,
Petersburg, IN 47567-0000."  Item 4 (Place of Enlistment/Reenlistment) of
this document shows that the applicant entered the USAR at the Indianapolis
Military Entrance Processing Station (MEPS), Indianapolis, IN.  This
document also shows that on 29 November 1994, the applicant, Armed Forces
Service representative, and enlistment officer certified the applicant's
enlistment in the USAR by signing the document in Item 13b, Item 14e, and
Item 19e, respectively.

3.  The applicant’s military service records contain a copy of a DD Form
4/1, dated 27 December 1994.  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 27 December 1994.  This
document shows in Section G (Approval and Acceptance by Service
Representative), Item 21d (Unit/Command Name) the entry "USA Recruiting
Battalion" and in Item 21g (Unit/Command Address) the entry "Indianapolis,
IN, 46204."  This document also shows that the applicant confirmed his
enlistment in the RA by signing the oath in Item 22b on 27 December 1994.
This document further shows in Item 23 (Enlistment Officer Certification)
that the captain serving at the Indianapolis MEPS, Indianapolis, IN,
verified that the oath was administered, subscribed, and duly sworn (or
affirmed) by the applicant before him on 27 December 1994.

4.  The applicant's military service records contain a copy of his DD Form
214, with an effective date of 26 October 1999.  Item 7a (Place of Entry
into Active Duty) contains the entry "Indianapolis, IN" and Item 7b (Home
of Record at Time of Entry) contains the entry "Petersburg, IN".  Item 19a
(Mailing Address After Separation) shows the entry "#### J______ Street,
Huntington, IN 47542".

5.  The applicant's military service records contain a copy of his DD Form
398-2, with an effective date of 2 October 1994.  Item 10(3)
(Residences/State)) contains the entry "Indiana" from November 1989 through
date of application and Item 12a (1)(b) (father) (Present Address) contains
the entry ### C_______, Huntington, IN, 47542".

6.  The applicant's military service records contain a copy of
Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, Kentucky,
Orders 271-0181, dated
28 September 1999.  These orders reassigned the applicant to the U.S. Army
Transition Center, Fort Knox, Kentucky, for discharge from the RA on 26
October 1999 and show his HOR as Petersburg, IN, and place of entry into
active duty or ordered to active duty (Place EAD or OAD) as Indianapolis,
IN.

7.  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.

8.  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.


9.  The Joint Federal Travel Regulations (JFTR), Appendix A (Definitions)
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.

10.  The JFTR 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.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents)
prescribes the separation documents required to be prepared and furnished
to Soldiers upon separation from the Army.  It also establishes
standardized policy for preparing and distributing the DD Form 214.
Paragraph 2-4 (Completing the DD Form 214) of this Army regulation contains
guidance on the preparation of the DD Form 214.  The instructions show that
for Item 7a (Place of Entry into Active Duty) a Soldier's initial
enlistment contract or appointment document is the source for this data, or
any approved change made by the custodian of the Official Military
Personnel File (OMPF).  This document also states to "enter the city and
state where the Soldier entered active duty.  For overseas enlistment
addresses, include the Army Post Office or Foreign Post Office."  The
instructions for Item 7b (Home of Record) state to "enter the street, city,
state, and zip code listed as the Soldier's home of record.  The HOR 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 (Joint
Federal Travel Regulations, Volume 1, Appendix A, Part I).  The home of
record is not always the same as the legal domicile as defined for income
tax purposes.  The legal domicile may change during a Soldier's career.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the HOR and PLEAD on his
separation documents should be corrected because his father resides in
Dallas, TX, and he was raised by and lived with him.

2.  The evidence of record shows that the applicant declared Petersburg, IN
as his HOR at the time he applied for and enlisted in the USAR.  The
evidence of record also shows that the applicant enlisted in the USAR at
the Indianapolis MEPS in Indianapolis, IN on 29 December 1994.  The
evidence of record further shows that the applicant and U.S. Army
representative recertified his HOR as Petersburg Indiana, and PLEAD as
Indianapolis, Indiana, when the applicant subsequently entered active duty
in the RA on 27 December 1994.  Therefore, the applicant is not entitled to
correction of his records to change his HOR to Dallas, TX.

3.  The evidence of record shows that the orders reassigning the applicant
to the U.S. Army Transition Center, Indianapolis, Indiana, for discharge
from the RA on 26 October 1999, show his HOR as Petersburg, IN.  The
evidence of record also shows that these orders show his PLEAD as
Indianapolis, IN. Therefore, the applicant is not entitled to correction of
his records to change his HOR to Dallas, TX.

4. The evidence of records shows that the applicant was residing in the
state of Indiana prior to his enlistment the Army and that his father was
residing in the state of Indiana during the period the applicant enlisted
into the Army. Therefore, the applicant is not entitled to correction of
his records to change his HOR to Dallas, TX.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 October 1999; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
25 October 2003.  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

___JCR__  ___DKH_  ___RDG_  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.



                                       _Jeffrey C. Redmann____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008692                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/02/08                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |MR. CHUN                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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