IN THE CASE OF:
BOARD DATE: 16 December 2008
DOCKET NUMBER: AR20080014643
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 that her home of record be corrected.
2. The applicant states she did the majority of her service in Texas and has a home and land in Texas. She requests correction of her home of record for entitlement to Texas veterans' benefits.
3. The applicant provides no supporting documentation.
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 applicant's initial DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows that she enlisted in the Army Reserve under the Delayed Entry Program on 26 May 1993. Her home of record as listed on this form is Orangeburg, South Carolina.
3. She entered active duty on 29 July 1993 and served on continuous active duty until 30 August 2000.
4. Both DD Forms 4 prepared at the time of her reenlistments list her home of record as Orangeburg, South Carolina.
5. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) lists her home of record as Orangeburg, South Carolina.
6. Army Regulation 635-5 (Separation Documents) states that the correct entry is the street, city, state and ZIP code listed as a Soldier's home of record on the Soldier's initial enlistment contract or appointment document. "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 1 full day (Joint Federal Travel Regulation, Volume 1, Appendix A, Part I). 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's address at the time she enlisted was Orangeburg, South Carolina.
2. She did not have a break in service; therefore, no change of home of record is authorized.
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.
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