IN THE CASE OF:	

	BOARD DATE:	
	DOCKET NUMBER:  AR20080004032 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of item 7b (Home of Record at Time of Entry), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), to reflect his actual home of record.  

2.  The applicant states, in effect, that his home of record is listed as Alabama and should have been Florida and that he needs this error corrected for tax purposes.  He adds that he is not sure how; however, this probably occurred at induction, in 1965.  It was never important, but now the state requires that his home of record at the time of entry into service be listed as Florida.

3.  The applicant provides a copy of his DD Form 214, dated 28 February 1997, and a copy of his Florida’s Driving License Record Transcript, in support of his request.

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's military records show he enlisted in the Regular Army on 19 November 1960.  He served through a series of continuous reenlistments.  He was honorably discharged on or about 17 July 1984, in order to accept an appointment as a warrant officer in the United States Army Reserve (USAR).  His DD Form 214, dated 17 July 1984, is unavailable for review.

3.  A review of his DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 26 January 1966, shows his place of enlistment as, "Montgomery, Alabama"; home address as, "Box 45, Fountain, Fla (Florida)''; and place of birth as, "Wausau, Florida."

4.  A review of several source documents, from his OMPF (Official Military Personnel File), show his place of birth, home address, and home of record (HOR) as Florida.

5.  The applicant was appointed as a Chief Warrant Officer Two (CW2/W-2) in the USAR effective 18 July 1984.  

6.  The applicant's appointment memorandum is unavailable for review to show his address at the time of his appointment.  

7.  On 25 April 1984, orders were published ordering the applicant to active duty effective 18 July 1984, for 6 years.  His HOR was listed as, "Route 64, Box 153, Chipley, Florida 32438.”

8.  The applicant was promoted to Chief Warrant Officer Three (CW3/W-3) effective 1 June 1990.

9.  The applicant's ORB (Officer Record Brief) shows his birthplace as, "Florida." 

10.  The applicant's separation and retirement orders show his HOR and place of entry on active duty (EAD) as, "Alabama."

11.  The applicant served until he was separated for the purpose of retirement on 28 February 1997.  He was placed on the Retired List effective 1 March 1997, in pay grade W-3. 

12.  Item 7a (Place of Entry Into Active Duty) and item 7b, of his DD Form 214, dated 28 February 1997, show the entry, "Alabama."

13.  The applicant provided a copy of his State of Florida Driving Record which shows that he was originally issued a Florida State Driver's license on 23 January 1960.

14.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that a Soldier’s enlistment contract (DD Form 4/1) or appointment document would be used as the source data for completion of item 7b of the DD Form 214.  The HOR at time of entry will be entered in item 7b.  

15.  The Joint Travel Regulations serve as the authority for correcting a home of record that was erroneously entered at the time of entry on active duty.  It states, in pertinent part, that a correction must be based on evidence that a bonafide error was made at the time of entry into the relevant period of service.  It must not be a place selected for the convenience of the soldier.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was born in Florida.  He utilized Florida as his home address and as his HOR.  

2.  The evidence shows that the applicant's place of enlistment, on 26 January 1965, was listed as "Montgomery, Alabama."  At the time of his retirement, he also listed Alabama as his HOR and place of EAD which was entered on his separation and retirement orders.  Therefore, he is not entitled to correction of his records to show his HOR as "Florida" instead of "Alabama."

3.  The driver's license provided by the applicant which shows his original license issuance date of 23 January 1960, prior to his enlistment in the Regular Army, was considered; however, this evidence is insufficient to correct his records to show a change in his HOR.  There is no evidence to show that an error was made in recording his HOR at the time of his separation; therefore, there is no basis to correct his records as requested.

4.  In order to justify correction of a military record the applicant must show 
to the satisfaction of the Board, or it must otherwise satisfactorily appear, that 
the record is in error or unjust.  The applicant has failed to submit evidence
that would satisfy this requirement.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  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.




       _    __x_____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.






















ABCMR Record of Proceedings (cont)                                         AR20080004032



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ABCMR Record of Proceedings (cont)                                         AR20080004032



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