IN THE CASE OF:	  

		BOARD DATE: 	        2 June 2009

		DOCKET NUMBER:  AR20090001564 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as "2__ F____ Avenue, Enterprise, AL 36330" instead of "Eustis, FL."  

2.  The applicant states that the error occurred when he decided to go back on active duty and he decided to visit his parents who lived in Eustis, FL.  He went to the recruiter in Florida because that is where he (the applicant) worked during the weekdays.  He actually had a home in Alabama by only lived there on the weekends.  The recruiter used his parent’s city and state because he entered the Army there.  Without this correction, his children are not eligible for the Alabama Dependent Scholarship Program since he is now a disabled veteran.  He moved there in October 1991 after being discharged from active duty.  

3.  The applicant provides a copy of his DD Form 214, dated 1 January 1994, and three letters of support.

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.  With prior service in the U.S. Marine Corps, the applicant enlisted in the Regular Army at the Tampa, FL, Military Entrance Processing Station (MEPS) for a period of 3 years on 10 February 1993.  Item 3 (Home of Record) of his DD Form 4 (Enlistment/Reenlistment Document) shows his HOR as "2___ L____ Lane, Eustis, FL 32726" and item 3 (Place of Enlistment) shows the entry "Tampa, FL."  He authenticated this form by placing his signature in the appropriate block.  

3.  The applicant's DD Form 93 (Record of Emergency Data), dated 28 April 1993, shows that his wife and child lived in Umatilla, FL, and his parents lived in St. Cloud, FL, as of that date.

4.  The applicant’s records also show he completed advanced individual training at Fort Sill, OK, and was awarded military occupational specialty (MOS) 13R (Field Artillery Fire-Finder Operator).  He was subsequently assigned to the 25th Field Artillery, 1st Infantry Division, Fort Riley, KS. 

5.  On 25 October 1993, the applicant requested separation under the Voluntary Early Transition Program.  His request was approved on 22 November 1993.

6.  On 1 December 1993, Headquarters, 1st Infantry Division, Fort Riley, KS, published Orders 335-282, directing the applicant’s release from active duty effective 1 January 1994.  The orders listed the applicant’s HOR as "Eustis, FL."

7.  The DD Form 214 he was issued shows he completed 10 months and 22 days of creditable active military service during this period.  Item 7a (Place of Entry on Active Duty) of this form shows the entry "Tampa, FL" and item 7b (Home of Record at Time of Entry) shows the entry “Eustis, FL.”

8.  The applicant submitted the following statements in support of his request:

	a.  in a statement, dated 27 January 2009, the applicant’s aunt states that the applicant lived with her family from November 1991 until he went back on active duty in February 1993.  He worked in Florida during the week and came back to his home in Alabama on the weekends.  His permanent home address is 2__ F____ Avenue, Enterprise, AL  36330.  He went to visit his family in Florida the week before he entered the Army and the recruiter used their city and state instead of his HOR address.  Without this correction, the applicant’s children will not be eligible for education benefits that they should be entitled to had it not been for the recruiter’s mistake;

	b.  in an undated statement, an individual states that the applicant lived at  2__ F____ Avenue, Enterprise, AL, from about October/November 1991 until the first part of 1993 when he went back into the military.  The individual further states that the applicant works for a company out of Florida but lived in Alabama and came home on the weekends; and 

	c.  in a statement, dated 22 December 2008, the applicant Human Resources (HR) manager at B and M Construction states that the applicant was employed with his company from 8 May 1992 until 4 February 1993.  His home address for administrative and payment purposes was 2__ F____ Avenue, Enterprise, AL  36330.  

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 7 of the DD Form 214 shows the place of entry onto active duty and home of record at time of entry.  A Soldier’s initial enlistment contract or appointment document is the source for this date, or any approved change by the Enlisted Records and Evaluation Center (EREC).  Item 7a shows the city and state where the Soldier entered active duty.  Item 7b shows the street, city, state and ZIP code listed as the Soldier’s home of record.  “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 Regulations, Volume 1, App 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 contention that he lived in Alabama and worked in Florida as well as the supporting statements he provided are noted.  However, the evidence of record shows that the applicant enlisted in the Regular Army at the Tampa MEPS, FL.  At the time of his enlistment, he listed his permanent home address as Eustis, FL.  Therefore, Tampa, FL, was established as the place of entry on active duty and Eustis, FL, was established as his home of record.  It is also noted that his DD Form 93, albeit dated two months after he enlisted, show both his parents and his spouse and child living in Florida.  His entire enlistment contract is not available; however, the preponderance of the available evidence of record indicates that the entry in item 7b of his DD Form 214 is correct. 

2.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the RE code is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, he is not entitled to the requested relief. 

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)                                         AR20090001564





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ABCMR Record of Proceedings (cont)                                         AR20090001564



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