RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20080002647
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1996 be changed to show a Pennsylvania address.
2. The applicant states that his home of record is not correct on this DD Form 214. He contends that he joined the Army while on vacation in Long Beach, California; however, his home of record has always been Pennsylvania.
3. The applicant provides a copy of his DD Form 214 for the period ending
31 July 1996.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants enlistment contract, dated 15 July 1976, shows his home of record was Long Beach, California. His DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows he resided in Pittsburg, Pennsylvania during the period 1964 to 1976 and Long Beach, California from 1976 to present. He enlisted on 15 July 1976 and served as a medical noncommissioned officer. He remained on active duty through continuous reenlistments until he retired on 31 July 1996 in the rank of sergeant first class.
3. Item 7b on the applicants DD Form 214 for the period ending 31 July 1996 shows his home of record is Long Beach, California.
4. The applicants reenlistment contracts, dated 5 July 1979 and 6 December 1985, show his home of record is Long Beach, California.
5. The applicants reenlistment contract, dated 16 May 1991, shows his home of record is Pennsylvania.
6. 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.
7. 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:
Although the applicant contends that he joined the Army while on vacation in California and that his home of record has always been Pennsylvania, his enlistment contract shows his home of record is Long Beach, California. His DD Form 1966 showed his residence as Long Beach, California. Therefore, in accordance with the governing regulations, item 7b appears to be correct on his DD Form 214 for the period ending 31 July 1996.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
XX_____ __XX____ ___XX___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___ XXX ______
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002647
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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