IN THE CASE OF:
BOARD DATE: 30 April 2009
DOCKET NUMBER: AR20090005004
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, corrections of Orders Number 25-3-A-60, dated 6 April 1992, to show his Home of Record (HOR) as Atmore, Alabama and not Pensacola, Florida.
2. The applicant states, in effect, in the processing of those orders, he assumes the typist read the Pensacola street address and incorrectly entered his HOR as Pensacola, Florida. His HOR is Atmore, Alabama.
3. In support of his application, the applicant provides copies of Orders Number 25-3-A-60 and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 DD Form 1966 (Application for Enlistment) shows his street address as Pensacola Avenue and his HOR as Atmore, Alabama.
3. The applicant's military records show he enlisted in the United States Army Reserve (USAR), in pay grade E-2, on 23 July 1984. He enlisted in the Regular Army on 5 November 1984 and reenlisted on 4 October 1991.
4. The applicant's enlistment and reenlistment documents show his street address as Pensacola Avenue and his HOR as Atmore, Alabama.
5. Orders Number 25-3-A-60, dated 6 April 1992, show the applicant was ordered to active duty in the rank of second lieutenant as an obligated volunteer officer for 3 years with a reporting date of 17 April 1992. His HOR is shown as Pensacola, Florida.
6. On 16 April 1992, the applicant was separated from active duty, in the rank of staff sergeant/pay grade E-6 for the purpose of being ordered to active duty as a commissioned officer. He was issued a DD Form 214 that shows his HOR as Atmore, Alabama.
7. On 17 April 1992, the applicant was appointed in the USAR, as a second lieutenant, and entered into an active duty status on the same date. He is currently serving on active duty in the rank of lieutenant colonel.
8. A review of the applicant's official military personnel file (OMPF) located in the Integrated Personnel Electronic Records Management System (IPERMS) show that all the available documents reflect the applicants street address as Pensacola Avenue and his HOR as Atmore, Alabama.
9. Joint Travel Regulations define an individual's HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. Joint Travel Regulations serve as the authority for correcting an HOR that was erroneously entered at the time of an individuals entry on active duty. It states, in pertinent part, that a correction must be based on evidence that a bona fide error was made at the time of entry into the relevant period of service. It must not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his HOR is incorrect on Orders Number
25-3-A-60. A review of the applicant's OMPF located in IPERMS show that all documents reflect the applicants street address as Pensacola Avenue and his HOR as Atmore, Alabama.
2. The available evidence supports that an administrative error was made in the identification of the applicants HOR on Orders Number 25-3-A-60, dated 6 April 1992. Therefore, he is entitled to have these orders corrected to show his HOR as Atmore, Alabama.
3. In view of the foregoing, the applicants records should be corrected as recommended below.
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 amending Orders Number 25-3-A-60, dated 6 April 1992, filed in his OMPF to show his HOR as Atmore, Alabama.
_______ _ _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) AR20090005004
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