IN THE CASE OF:
BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090007307
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 that his home of record (HOR) on his military records be changed to show 1*** B***** Street, West City, Illinois 62812.
2. The applicant states that although he was living in Nevada at the time of his enlistment his HOR was actually Benton, Illinois.
3. The applicant provides a copy of 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 was born on 3 February 1972 and enlisted in the Illinois Army National Guard (ILARNG) on 19 June 1990. He listed his HOR at the time as being in Carterville, Illinois. He was discharged under honorable conditions from the ILARNG on 7 May 1993 due to unsatisfactory participation.
3. On 13 January 1999, while residing in Las Vegas, Nevada, he applied for enlistment in the Regular Army in Phoenix, Arizona. At that time he indicated that his HOR was Las Vegas, Nevada. He also completed a Standard Form 86 (Questionnaire for National Security Positions) in which he listed his previous addresses, addresses of his employment and addresses of relatives. Nowhere on the form is there a West City, Illinois address.
4. He enlisted in the Regular Army in Phoenix, on 22 January 1999, for a period of 3 years and his HOR is listed in his enlistment contract as Las Vegas, Nevada.
5. On 13 February 2001, while stationed at Fort Drum, New York, the applicant reenlisted for a period of 6 years, assignment to Fort Campbell, Kentucky, and a selective reenlistment bonus (SRB). His HOR at that time was listed as Las Vegas, Nevada.
6. On 26 April 2004, the applicant was honorably discharged at Fort Campbell due to disability with severance pay. He had served 5 years, 3 months, and 5 days of total active service and his HOR is listed as an address in Las Vegas.
7. The Joint Federal Travel Regulation (JFTR) provides, in effect, that the HOR is the place recorded as the home of the individual at the time of enlistment/reenlistment or induction. There is no authority to change a HOR as officially recorded at time of entry onto 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. It may not be a place selected for the convenience of the soldier or for the purpose of obtaining a monetary benefit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his HOR should be listed as an address in West City, Illinois instead of Las Vegas, Nevada has been noted and appears to lack merit.
2. The applicant has provided no evidence or argument to support his contention that his HOR was in West City, Illinois. This is especially significant since he provided information at the time of his enlistment in the Regular Army that fails to show that he ever resided at an address in West City, Illinois.
3. Therefore, in the absence of evidence to show that a mistake was made at the times of his enlistment and reenlistment regarding his actual HOR, there appears to be no basis to change the entry indicating that his HOR was in Las Vegas, Nevada.
4. 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) AR20090007307
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