IN THE CASE OF:	  

		BOARD DATE:	       21 October 2008

		DOCKET NUMBER:  AR20080007871 


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 correction of Item 7b (Home of Record (HOR) at Time of Entry) of her DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 30 June 2004.

2.  The applicant states, in effect, that when she reentered the Army in 1986 her address at the time was erroneously entered as her HOR.  The same address was entered on her DD Form 214 when she was appointed as a Warrant Officer in 1994.  She was born and raised in North Carolina (NC) and has always been a resident of NC.  She further states that now her residency status, along with her children's residency, is being questioned by the Department of Veterans Affairs and Universities.

3.  The applicant provides copies of her DD Forms 214; a copy of her birth certificate; and a copy of her voter's registration card, in support of her 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 served in the Regular Army from 23 March 1982 through
22 March 1985.  She was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for the completion of her statutory military obligation.  A review of her DD Form 4/1 (Enlistment/
Reenlistment Document – Armed Forces of the U.S.) shows that she entered the Army at the Raleigh, NC, Military Entrance Processing Station (MEPS).  

3.  On 1 December 1986, the applicant enlisted in the Regular Army.  She served continuously on active duty until 29 March 1994, when she was discharged to accept an appointment as a warrant officer.  Her enlistment contract for this period of service was not in the official record.  However, her DD Form 214 covering this period of service shows that her HOR was "___ Traci Drive, Copperas Cove, TX  76522."

4.  A review of her DA Form 61 (Application for Appointment), dated 31 January 1994, shows her permanent address as "___ Lunar Dr., Raleigh, NC  27610."

5.  A review of the applicant's DA Form 2-1 (Personnel Qualification Record) shows her HOR as "Raleigh, NC."

6.  On 30 June 2004, the applicant retired with sufficient service for retirement.  A review of her final DD Form 214 shows her HOR as "___ Traci Drive, Copperas Cove, TX  76522."

7.  The applicant's birth certificate shows she was born in Raleigh, NC.

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  Table 5-1 (Instructions for completing the DD Form 4/1 series) of this regulation states that the street, city, county, state, country and zip code of address declared by the applicant to be permanent home or actual home at time of enlistment be entered in Item 4 of the DD Form 4/1.



9.  Army Regulation 635-5, then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation, in pertinent part, states that the street, city, state, and zip code listed as a Soldier’s home of record will be entered in Item 7b of the DD Form 214.  A Soldier’s initial enlistment contract or appointment document is the source for this data.

10.  Joint Federal Travel Regulations, Volume 1, Appendix 1 (Definitions), Part I (Terms) defines home of record as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  The regulation further states that only if a break in service exceeds one full day may a member change the HOR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests her HOR be changed to Raleigh, NC.

2.  The applicant initially enlisted on 23 March 1982 at the MEPS in Raleigh, NC. After her first enlistment, she had a break in service for almost 2 years and then enlisted again in December 1986.  She contends she was living in Copperas Cove, TX at the time she reentered the Army and that address was entered as her HOR on all her subsequent DD Forms 214.

3.  A review of the applicant's application for appointment shows her permanent address as Raleigh, NC.  Her DA Form 20 shows her HOR as Raleigh, NC.

4.  Given the regulatory guidance above, the fact that she listed Raleigh, NC, as her permanent address on her appointment application, and she initially enlisted at the MEPS in Raleigh, there is sufficient evidence to support the applicant's contention that Raleigh, NC was her HOR throughout her Army career.  Therefore, it would be in the interests of justice to correct her record as directed below.

BOARD VOTE:

__X_____  __X_____  __X_____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 7b of her DD Form 214, with an effective date of 30 June 2004, to show her Home of Record address as ___ Lunar Drive, Raleigh, NC 27610.


															XXX
      ______________________
               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)                                         AR20080007871



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ABCMR Record of Proceedings (cont)                                         AR20080007871



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