DOCKET NUMBER:  AR20090002906 


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, in effect, that his home of record (HOR) be changed. 

2.  The applicant states, in effect, his HOR should be changed to an address in Dallas, Texas.  He claims he moved his family to Texas prior to his discharge on 6 January 1996, while he was in prison, and he requested his HOR be changed.  However, in 1998, when reviewing disability documents he discovered his HOR had not been changed and he was advised to apply to this Board.  

3.  The applicant provides a self-authored letter 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.  On 25 April 1985, the applicant enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP), and on 1 August 1985 he enlisted in the Regular Army for 3 years and entered active duty.  The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States), commonly referred to as the enlistment contract, which was prepared during the applicant’s initial enlistment processing shows his HOR address as Kansas City, Missouri. 

3.  The applicant was honorably released from active duty (REFRAD) at the expiration of his term of service (ETS) on 31 October 1988, after completing 
3 years, 3 months, and 1 day of active military service.  The mailing address listed on the DD Form 214 (Certificate of Release or Discharge from Active Duty) is Kansas City, Missouri.  

4.  On 21 April 1989, the applicant enlisted in the RA for 5 years at the Kansas City, Missouri, Military Entrance Processing Station (MEPS).  The enlistment contract prepared during this enlistment process also show the applicant’s HOR as Kansas City, Missouri. 

5.  On 15 November 1993, while serving at Fort Gordon, Georgia, the applicant reenlisted in the RA for 2 years.  The DD Form 4 completed during this last reenlistment processing contains a HOR address in Kansas City, Missouri.  

6.  The applicant's record is void of a separation packet or a DD Form 214 for his final period of service which appears to have ended in 1996.  

7.  Army Regulation 601-210 provides the policies and procedures for the preparation of enlistment contracts.  It states, in pertinent part, that the HOR address entered on the enlistment contract will be the address declared by the applicant to be their permanent home or actual home at the time of enlistment.  A temporary address will not be entered.  

8.  The Joint Federal Travel Regulation (JFTR) provides, in pertinent part, that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the HOR as officially recorded at time of entry into the military service.  However, there is authority to correct a HOR if erroneously entered on the records at that time, and then only for travel and transportation purposes.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his HOR should be changed to show the State of Texas has been carefully considered and found to lack merit.  

2.  In this case, the applicant indicates he moved his family to Texas while he was in prison prior to his discharge and that he attempted to change his HOR.  However, there is no evidence of record or independent evidence provided by the applicant to indicate his HOR was in error at the time of entry into the Army in 1985, or at the time of his 1989 enlistment or 1993 reenlistment.  

3.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service.  Any correction to a HOR must be based on evidence that a bona fide error was made.  

4.  The evidence of record contains enlistment contracts authenticated by the applicant at the time of his initial entry into the Army in 1985, and at the time of 1989 enlistment and 1993 reenlistment.  These official documents confirm his HOR was in Kansas City, Missouri.  Absent any error being made in the HOR recorded at the time of his entry into service or at the time of his subsequent enlistments/reenlistments, there is an insufficient evidentiary basis to support granting the requested relief.  

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20090002906



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ABCMR Record of Proceedings (cont)                                         AR20090002906



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