RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 May 2007
DOCKET NUMBER: AR20060016320
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
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Crain, William
Chairperson
Mr. Lewy, Donald
Member
Mr. Venable, Roland
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) on his DD Form
214 (Certificate of Release or Discharge from Active Duty) with the period ending 11 October 1996 be changed from Oklahoma (OK) to Texas (TX).
2. The applicant states, in effect, that his DD Form 214 lists Tulsa, OK as his HOR and it should be listed as Dallas, TX.
3. The applicant provides no additional documentation in support of this case.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 11 October 1996. The application submitted in this case is dated 4 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 applicants failure to timely file.
3. The applicant's military records show that he was born in Houston, TX, on
6 October 1971.
4. The applicants DD Form 1966/1 (Record of Military Processing Armed Forces of the United States), dated 14 November 1992, shows in item 4 (Current Address) the entry _________ _____, Tulsa, OK, 78234-5000 and item 5 (Home of Record) shows the entry _________ ____, Dallas, TX, 75220.
5. The applicant enlisted in the USAR on 17 November 1992. His DD Form
4 (Enlistment/Reenlistment Document Armed Forces of the United States) erroneously shows in item 3 (Home of Record) the entry _________ _____, Tulsa, OK, (it should read _________ ____, Dallas, TX, 75220).
6. The applicant enlisted in the Regular Army on 14 January 1993. He was released from active duty on 11 October 1996. Item 7b of his DD Form 214 with the ending period 11 October 1996 erroneously shows entry _________ _____, Tulsa, OK, 78234-5000 (it should read _________ ____, Dallas, TX, 75220).
7. Army Regulation 601-280 (Total Army Retention Program) provides instructions for completing the DD Form 4 series upon immediate reenlistment in the Regular Army. It 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. Evidence of record shows that prior to the applicant's enlistment his DD Form 1966/1 recorded his HOR as _________ ____, Dallas, TX, 75220. His DD Form 4/1 and DD Form 214 erroneously show his HOR as _________ _____, Tulsa, OK, 78234-5000. It appears when he enlisted the incorrect HOR was recorded on his DD Form 4/1 and subsequently on his DD Form 214 upon his release from active duty.
2. His DD Form 1966/1 that shows his HOR as _________ ____, Dallas, TX, 75220 is accepted as sufficient to show that Dallas, TX is his correct HOR. Therefore, his DD Form 4/1 and DD Form 214 should be corrected to show his HOR as _________ ____, Dallas, TX, 75220.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 October 1996; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
10 October 1999. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
__WC___ ___DL __ __RV ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that the applicants DD Form 4/1 and DD Form 214 with the period 11 October 1996 be corrected to show his HOR as _________ ____, Dallas, TX, 75220.
__ _ William F. Crain ___
CHAIRPERSON
INDEX
CASE ID
AR20060016320
SUFFIX
RECON
DATE BOARDED
31 MAY 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES 1.
112.0100.0000
2.
3.
4.
5.
6.
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