IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090007847 


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 the home of record (HOR) listed on her active duty orders and separation/retirement orders be corrected to reflect Round O, SC, instead of Putnam, CT.

2.  The applicant states, in effect, that her HOR is Round O, SC, and her place of entry on active duty (EAD) was Columbia, SC, not Putnam, CT.  She states that during her initial review of her military records at Fort Devens, MA, personnel corrected the data entry within the system in May 1983 to reflect her HOR as SC. 
However, upon receipt of her separation/retirement orders in 2007, her HOR and place of EAD again reflected Putnam, CT.  She further states that Walter Reed Army Medical Center (WRAMC) personnel stated that they only had the authority to change her place of EAD on her separation/retirement orders to show Columbia, SC, but could not change the HOR to reflect Round O, SC, as stated on her enlistment contract.

3.  The applicant provides the following documents in support of her application:  Headquarters, First Reserve Officers' Training Corps (ROTC) Region, Fort Bragg, NC, Orders 85-58-A-597, dated 22 April 1983; DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States); DA Form 71 (Oath of Office - Military Personnel), DA Form 4037 (Officer Record Brief); Headquarters, WRAMC, Washington, DC, Orders 058-0003, dated 27 February 2007; Headquarters, WRAMC, Washington, DC, Orders 183-0006, dated 2 July 2007; and Headquarters, WRAMC, Washington, DC, Orders 183-0007, dated 2 July 2007.
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 official military personnel file (OMPF) contains a DD Form 4 which lists her HOR as Route 1, Box XXXX, Round O, SC, in item 5 (HOR).  Item 6 (Place of Enlistment/Reenlistment) contains the entry Evans House, Benedict College, Columbia, SC, Military Entrance Processing Station, and item 10 shows she initially enlisted in the U.S. Army Reserve (ROTC) for a period of 6 years on 27 August 1981.

3.  The applicant's OMPF contains Headquarters, First Reserve Officers' Training Corps Region, Orders 85-58-A-597, dated 22 April 1983, which appointed her as a second lieutenant and ordered her to active duty in the Regular Army.  This document shows her HOR as XX North Street, Putnam, CT.

4.  The applicant's OMPF contains a DA Form 71, dated 8 May 1983, which shows her place of EAD as Columbia, SC.

5.  Headquarters, WRAMC, Orders 058-0003, dated 27 February 2007, retired the applicant with an effective date of 30 September 2007 and placed her on the Retired List effective 1 October 2007.  These orders show the applicant's HOR as Putnam, CT, and her place of EAD as Putnam, CT.

6.  Headquarters, WRAMC, Orders 183-0006, dated 2 July 2007, amended so much of Orders Number 058-0003, dated 27 February 2007, as reads "Place EAD or OAD:  Putnam CT" to "Place EAD or OAD:  Columbia, SC."

7.  On 30 September 2007, the applicant was retired under the provisions of paragraph 6-13c, Army Regulation 600-8-24 (Officer Transfers and Discharges). The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to her upon her retirement shows in item 7a (Place of Entry into Active Duty) as Columbia, SC, and item 7b (Home of Record at the Time Of Entry) contains the entry "XX North Street, Putnam, CT."

8.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army Retention Program.  Table 11-1 provides instructions for completing the DD Form 4.  It states, in pertinent part, that the HOR is defined by law and regulation as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day.  Only if a break in service exceeds 1 full day can the home of record be changed by the member.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her active duty orders and separation/
retirement orders incorrectly reflect her HOR as Putnam, CT, and should instead read Round O, SC, was carefully considered and found to have merit.

2.  By regulation, HOR is defined by law and regulation as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.

3.  The evidence of record shows that the applicant's active duty orders, separation/retirement orders, and DD Form 214 all erroneously reflect her HOR as Putnam, CT.  However, the evidence of record confirms the applicant's HOR upon her enlistment date was Route 1, Box XXXX, Round O, SC, and that her place of EAD was Columbia, SC, as evidenced by the DD Form 4 contained in her OMPF.  Therefore, it would be appropriate to correct the above-mentioned documents to reflect her correct HOR as Round O, SC.

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:

	a.  amending Orders 85-58-A-597, dated 22 April 1983, by deleting the current entry contained in HOR and adding the entry Route 1, Box XXXX, Round O, SC;

	b.  amending Orders 058-0003, dated 27 February 2007, by deleting the current entry in HOR and adding the entry Route 1, Box XXXX, Round O, SC; and

	c.  deleting the entry contained in item 7b of her DD Form 214 and adding the entry Route 1, Box XXXX, Round O, SC.



      __________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)                                         AR20090007847



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ABCMR Record of Proceedings (cont)                                         AR20090007847



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