IN THE CASE OF:	  

		BOARD DATE:	        07 MAY 2009

		DOCKET NUMBER:  AR20090002157 


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 Montgomery, Alabama, instead of Hampton, Georgia.  

2.  The applicant states that he was born in Montgomery, Alabama, and resided there while attending college at Troy University in Troy, Alabama, where he also graduated in 1983.  His HOR and residence remained Montgomery, Alabama, when he entered the service for active duty in 1984.

3.  The applicant provides a copy of his certificate of birth, dated 3 September 1959; a copy of his Troy State University diploma, dated 5 August 1983; and an undated, notarized statement from the Montgomery Area Chamber of Commerce, in support of his 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’s record shows he was appointed as a second lieutenant in the Army National Guard on an unknown date.  His appointment memorandum/letter, oath of office, and Federal Recognition orders are not available for review with this case.  

3.  The applicant’s record further shows he completed the Infantry Officer Basic Course at Fort Benning, Georgia, from 26 February 1984 to 20 June 1984.   

4.  On an unknown date in 1984, while at Fort Benning, Georgia, the applicant submitted a DA Form 160 (Application for Active Duty) to enter active duty.  He listed his permanent home address as 259 South Drive, Hampton, Georgia, and his temporary address as Fort Benning, Georgia.  

5.  The applicant's record shows he entered active duty on 21 June 1984 and was subsequently assigned to the 3rd Battalion, 9th Infantry, Fort Ord, California.

6.  The applicant’s record further shows he served in various command and staff positions and was promoted through the ranks to lieutenant colonel (LTC).  He was honorably separated on 30 April 2005 and placed on the retired list in the rank of LTC on 1 May 2005. 

7.  The DD Form 214 he was issued shows he completed over 21 years of active Federal military service.  Item 7a (Place of Entry into Active Duty) of his DD Form 215 shows Fort Benning, Georgia, and item 7b (Home of Record) shows Hampton, Georgia.  

8.  The applicant submitted the following documents in support of his application:

	a.  his birth certificate, dated 3 September 1959, showing he was born in Montgomery, Alabama; 

	b.  his Troy State University Diploma, dated 5 August 1983, showing he was awarded a Bachelor of Science degree, on 5 August 1983; and

	c.  an undated, notarized statement from the Montgomery Area Chamber of Commerce showing he resided in Montgomery, Alabama, prior to entering military service.


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.  

10.  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 evidence of record shows the applicant submitted an application to enter active duty in June 1984.  He listed his permanent home address as Hampton, Georgia, and subsequently entered active duty at Fort Benning, Georgia.  Therefore, Fort Benning, Georgia was established as "the place of entry on active duty" and Hampton, Georgia was established as his "home of record."  The entries in items 7a and 7b of his DD Form 214 are correct based on the information that he provided. 

2.  The evidence that was submitted is not sufficient to establish a basis to change the DD Form 214.









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.




      _______ _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)                                         AR20090002157



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ABCMR Record of Proceedings (cont)                                         AR20090002157



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