IN THE CASE OF:	

		BOARD DATE:	  04 March 2010

		DOCKET NUMBER:  AR20090015709 


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 at his time of entry into the Regular Army be corrected to show Killeen, Texas.

2.  The applicant states, in effect, that he entered the U.S. Army from Killeen, Texas, that his home of record is Killeen, Texas, and that he is a current resident of Texas.  He further states that he has been unemployed for 15 months and that as a resident of Texas; he would be able to use his Texas Veteran's preference to attend job training and seek employment assistance. 

3.  The applicant did not provide any supporting evidence with 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 enlisted in the Army Reserve Delayed Entry Program on 6 September 1979 and then entered the Regular Army on 11 September 1979 for a 3-year period of service.  Records show he entered at the Louisville, Kentucky Armed Forces Examining and Entrance Station (AFEES).  Item 28 (Other Back Ground Data) of the applicant’s DD Form 1966/3 (Record of Military Processing - Armed Forces of the United States), shows that the applicant had resided at 39__ Mi___ Street, Louisville, Kentucky 40212 from his date of birth in 1959 until his initial enlistment date. 

3.  Item 5 (Home of Record) of his DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 6 September 1979, contains the entry:  Louisville, Kentucky 40212. 

4.  On 9 September 1981, records show he extended his first enlistment for 
1 year, which extended his expiration of his term of service (ETS) to 
10 September 1983. 

5.  On 9 September 1983, the applicant reenlisted without a break in service for another 3-year period of service.  Item 5 of his DD Form 4/1, that he authenticated in his own hand, shows his home of record as Louisville, Kentucky and that he reenlisted at Fort Hood, Texas.  He extended this reenlistment on 24 December 1985 for 26 months to meet the service requirements for an approved overseas tour with dependents.  Records show there was no break in service.  Records show his new ETS date was 8 November 1988.

6.  On 12 October 1988, the applicant reenlisted for a 6-year period of service.  Item 3 (Home of Record) of his DD Form 4/1 shows his home of record as 39__, Miami, Louisville, Kentucky and that he reenlisted as a member of the 502nd Engineer Company at the Neurent Kasern in the Federal Republic of Germany. 

7.  On 22 September 1992, the applicant was discharged under the provisions of chapter 16, Army Regulation 635-200 and the narrative reason for separation was the Fiscal Year 1992 Enlisted Voluntary Early Transition Program.  His character of service was honorable.  He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he had completed 
13 years and 12 days of net active service this period.  

8.  Item 7a (Place of Entry into Active Duty) of the applicant’s DD Form 214 contains the entry "Louisville, KY" and Item 7b (Home of Record at Time of Entry) contains the entry:  Louisville, KY 40212.

9.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  Table 5-1 (Instructions for completing the DD Form 1966 series) of this regulation states that the street, city, county, state, and zip code of the address declared by the applicant to be the permanent home or actual home address at time of enlistment be entered in Item 4 of the DD Form1966/1.

10.  Army Regulation 635-5, then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation, in pertinent part, states that the street, city, state, and zip code listed as a Soldier’s home of record will be entered in Item 7b of the DD Form 214.  A Soldier’s initial enlistment contract or appointment document is the source for this data.

11.  Joint Federal Travel Regulations, Volume 1, Appendix 1 (Definitions), Part I (Terms) defines home of record as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  The regulation further states that only if a break in service exceeds one full day may a member change the home of record.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record, the applicant enlisted in the Regular Army at the Louisville, Kentucky AFEES and he identified his Louisville, Kentucky address as his permanent home of record.  Therefore, he established his home of record upon his initial enlistment as Louisville, Kentucky not Killeen, Texas as he asserts in his application.  

2.  A Soldier cannot change his home of record when he reenlists during a current enlistment period.  Had the applicant had a break in service, then enlisted as a prior service individual he could have established a new home of record at that time.  There is no evidence that shows the applicant had a break in service and that he established a new home of record in Killeen, Texas. 

3.  The ABCMR does not correct records solely for establishing eligibility for other programs or benefits.  In order to justify correction of a military record, the applicant must show, or it must be otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, he is not entitled to the requested relief. 



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)                                         AR20090015709



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015709



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1