RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20060016257 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Ronald Weaver

Chairperson

Mr. Jeffrey Redmann

Member

Mr. David Tucker

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 item 7b (Home of Record at Time of Entry) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show a Texas address. 

2.  The applicant states that prior to her discharge she legally had her name changed due to marriage.  She contends that her home of record was never correct so she requested that both her name and address be corrected at the same time; however, only her name was corrected.  She claims that she never intended her home of record to be Federal Way, Washington.  She states that she was born in Dallas, Texas, that she lived there and attended school there prior to joining the Army (although she joined in Los Angeles, California), that she spent her entire tour in Texas (other than basic training), that she was discharged from Fort Hood, Texas, and that she returned to Dallas, Texas after being discharged.  She further states that her personal property had been stored until she could obtain a physical address and delivery by the U.S. Navy to Dallas, Texas as this was the home of record they had on file.  She points out that she has lived in Texas since her discharge and apparently the address of her nearest relative was used as the home of record because she did not have a physical address in Texas.  She considers Texas her home.    

3.  The applicant provides a copy of her DD Form 214; a Declaration and Registration of Informal Marriage; a Texas driver license; and a Texas college transcript.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
6 July 1991.  The application submitted in this case is dated 8 November 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.  The applicant's DD Form 4/1 (Enlistment/Reenlistment Document), dated 
15 March 1988, shows her home of record is Washington.  

4.  The applicant’s DD Form 1966/2 (Record of Military Processing - Armed Forces of the Untied States) shows that she graduated from high school in Federal Way, Washington in 1975.  Information on her residence from 1975 to 1981 is missing.  This form also shows the applicant attended college during the period 1981 to 1985 in Northridge, California and that she has relatives in Federal Way, Washington.     

5.  The applicant enlisted on 6 April 1988, served as a hawk missile crewmember, and was released from active duty on 6 July 1991.  
  
6.  Item 7b on the applicant's DD Form 214 shows her home of record is Washington.

7.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that a Soldier's initial enlistment contract or appointment document is the source for entering data in items 7a (Place of Entry onto Active Duty) and 7b.  It also 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 one 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.     

8.  Army Regulation 601-280 (Total Army Retention Program) defines the term "Home of Record" as the place recorded as the home of the person when he/she entered into the current tour of active duty.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that she considers Texas her home and that she never intended her home of record to be Washington, her enlistment contract shows her home of record is Washington.  There is no evidence of record that shows she lived in Texas or attended school there prior to her entry onto active duty.  As she acknowledges, the address of the nearest relative was used as the home of record since she did not have a physical address in Texas.  Therefore, in accordance with the governing regulations, item 7b appears to be correct on her DD Form 214.  

2.  Records show the applicant should have discovered the alleged error now under consideration on 6 July 1991; therefore, the time for the applicant to file a request for correction of any error expired on 5 July 1994.  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

RW____  __JR____  __DT____  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.



___Ronald Weaver______
          CHAIRPERSON




INDEX

CASE ID
AR20060016257
SUFFIX

RECON

DATE BOARDED
20070524
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.