IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080016719
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 his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his home of record.
2. The applicant states, in effect, that his DD Form 214 does not show his home of record. It only shows the place where he entered into active duty. His home of record at the time of his entry into the United States Army was in the state of Florida. However, he contends that he was ordered to Montgomery, Alabama, for processing. As a result, his DD Form 214 shows Montgomery, Alabama as his place of entry into active duty, but does not show his home of record. The state property tax office uses this information to determine eligibility for tax exemption. The applicant contends that he will lose this exemption if his
DD Form 214 does not show his correct home of record at the time of his entry into the United States Army.
3. The applicant provides copies of his DD Form 214 and his Officer Record Brief (ORB).
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. On 5 April 1970, the applicant was appointed a first lieutenant, pay
grade O-2, as an aviator in the United States Army Reserve. He was concurrently called to active duty.
3. The applicants Personnel Qualification Record (DA Form 2-1) shows in
Item 25 (Home of Record/Address): Shalimar, Florida.
4. The applicants ORB, dated May 1987, shows that his home of record at the time of his entry into active duty was in the state of Florida.
5. On 31 May 1987, the applicant was retired due to length of service. He had attained the rank of major, pay grade O-4, and had completed a total of 20 years, 1 month, and 12 days of creditable active duty service.
6. Item 6 (Place of Entry into Active Duty) of the applicants DD Form 214 shows Montgomery, Alabama. There is no provision on this version of the DD Form 214 for showing an individuals home of record.
7. Item 18 (Remarks) of his DD Form 214 does not contain an entry regarding his home of record.
8. Item 19 (Mailing Address After Separation) of his DD Form 214 shows his address as in Shalimar, Florida.
9. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The current version of the DD Form 214 provides for a place of entry into active duty in Block 7a, and for a home of record entry in block 7b. It further provides that the home of record is the place recorded as such when the Soldier is commissioned, appointed, enlisted, or ordered to a tour of active duty. It cannot be changed unless there is a break in service of at least one full day.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he will suffer financial loss if his DD Form 214 is not corrected to show his home of record.
2. The evidence clearly shows that the applicants home of record at the time of his entry into active duty on 5 April 1970 was in the state of Florida.
3. The DD Form 214 in use at the time of the applicants retirement did not provide for a separate entry showing an individuals home of record. The subsequent version, that is still in effect, provides for entries showing both the place of entry into active duty and the home of record.
4. In view of the above, and as a matter of equity, the applicants DD Form 214 should be corrected to show in Item 18 (Remarks) his home of record at the time of his entry into active duty as Shalimar, Florida.
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 adding in the Remarks block of his DD Form 214: Home of Record at time of entry: Shalimar, Florida.
__________ _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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080016719
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