RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070011858 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Judy Blanchard

Analyst

The following members, a quorum, were present:


Mr. James Vick

Chairperson

Mr. Thomas Ray

Member

Mr. Jeffery Redmann

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, that item 7a (Place of Entry Into Active Duty) be changed to Butler Country Alabama and item 7b (Home of Record at Time of Entry) on his DD Form 214 (Certificate of Release or Discharge From Active Duty) should be corrected to Route 3, Box 242AA, Greenville, Alabama (AL).  

2.  The applicant states, in effect, that the place he entered into active duty and his HOR should be corrected to show Greenville, AL., because he lived there all of his life except for a few months when we was awaiting trial in Pensacola, Florida (FL).  The applicant further states, in effect, that he was arrested while living with relatives in Pensacola FL; therefore, he was unable to leave while awaiting trial.  He concludes by stating, in effect that he was told that if he enlisted the charges would be dismissed and that is why Pensacola, FL., is the address on his official military records.

3.  The applicant provides copies of DD 214 (Certificates of Release or Discharge From Active Duty, copies of DD Form 4 (Enlistment Contract – Armed Forces of the United States), a copy of Standard From 88 (Report of Medical Examination), a copy of DA Form 268 (Report of Suspension of Favorable Personnel Actions), and a self authored statement in support of his application of this application. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant submitted a copy of his of his DD Form 214, with an effective date of 30 November 1995.  Item 7a (Place of Entry into Active Duty) contains the entry "APO AP, KS" and Item 7b (Home of Record at Time of Entry) contains the entry "Pensacola, FL 32501".  The applicant also submitted a copy of his of his DD Form 214, with an effective date of 22 June 1977.  Item 8c (Home of Record at the Time of Entry into Active Duty) contains the entry "Pensacola, FL 32501".  

3.  The applicant submitted a copy a his DD Form 4 with an effective date of 
12 October 1973.  The DD Form 4 was 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.  Item 9 (Name & Location of Activity Effecting Enlistment) of this document shows, in pertinent part, that the applicant was processed into the Regular Army (RA) at the AFEES (Armed Forces Examining and Entrance Station), Montgomery, AL 35, and Item 41 (Home of Record) of this document shows, in pertinent part, the applicant indicated his HOR was 607 N Renu Street, Pensacola Escambia Florida (FL) 32501.  The applicant also submitted a copy of his DD Form 4 (Enlistment or Reenlistment Agreement) with an effective date of 23 June 1977.  Item 5 (Home of Record (city and State), which shows, in pertinent part, that the applicant indicated his HOR was Pensacola, FL. 32501.

4.  The applicant submitted a copy of his SF 88 with an effective date of 
12 October 1973.  Item 4 (Home Address (number, street, or RFO, city or town, State and Zip Code) contains the entry "607 North Reus St, Pensacola, FL 32501" from November 1989 through date of application and Item 14 Name, Relations, and Address of Next of Kin contains the entry "(Parents) Mr. & Mrs. R***H C*****N, Rt 3, Box 242AA, Greenville, AL 36037”.

5.  The applicant's military service records contain a copy of Special Orders Number 201, Department of the Army, Armed Forces Examining and Entrance Station, Montgomery, Gunter, AFB, Alabama, dated 12 October 1973.  These orders show the applicant’s HOR as Pensacola, FL and the place of entry into active duty as Montgomery, AL.

6.  The applicant submitted a copy of his DA Form 268 with an effective date of 
22 July 1988.  Item 12 (Home Address (No. and Street, or RFD No., City, State and Zip Code)) contains the entry "Rt. 3, Box 242AA, Greenville, Alabama, 36037".

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’s contentions that the HOR and PLEAD on his separation documents should be corrected to show that he entered active duty in Butler County Alabama and that his HOR should be Rt. 3, Box 242AA, Greenville, Al., was carefully found to be without merit. 

2.  The evidence of record shows the applicant declared Pensacola, FL as his HOR at the time he applied for and enlisted in the RA.  The evidence of record also shows the applicant enlisted in the RA at the Montgomery, Alabama MEPS in Montgomery, Alabama on 12 October 1973.  The evidence of record further shows that the applicant and U.S. Army representative certified his HOR as Pensacola, FL, and the PLEAD as Montgomery, AL, where the applicant subsequently entered active duty in the RA on 12 October 1973.  Therefore, the applicant is not entitled to correction of his records to change his HOR to Greenville, AL and his PLEAD to Butler County Alabama.

3.  The orders assigning the applicant to the US Army Reception Station for entrance into the RA on 13 October 1973 show his HOR as Pensacola, FL.  The evidence of record also shows his AFEES as Montgomery, AL.  Therefore, the applicant is not entitled to correction of his records to change his HOR to Pensacola, FL and his PLEAD to Butler County Alabama. 

4.  The evidence of records shows the applicant was residing in the state of Florida prior to his enlistment in the Army and that his parents were residing in the state of Alabama 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 Greenville, AL. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JV___  __TR____  ___JR __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




     __James Vick_________
          CHAIRPERSON





INDEX

CASE ID
AR20070011858
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080122
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
100.0000
2.

3.

4.

5.

6.