IN THE CASE OF:	

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090018345 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his home of record at time of discharge was Texas.

2.  The applicant states, in effect, that he did not realize he needed to change his home of record on his discharge document.  He believed that since he was a resident of Texas at the time of his separation, it would automatically show Texas as his home of record.  He states he currently resides in Texas and has for the past 15 years. 

3.  The applicant provides a copy of his DD Form 214 with a separation date of 1 February 1997 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.  The applicant accepted a commissioned officer's appointment into the Regular Army from the Reserve Officers' Training Corps (ROTC) at the University of Alabama on 15 July 1985. 

3.  Prior to his appointment, the applicant completed a DA Form 61 (Application for Appointment) on 15 January 1985.  Item 18 (Permanent Address) of this form shows the applicant's permanent address upon entry onto active duty as Birmingham, AL.  

4.  The applicant's appointment Orders 112-1-A-333, dated 12 June 1985, show his home of record as Birmingham, AL.  The applicant served continuously on active duty until his separation.  

5.  On 1 February 1997, the applicant was discharged from the Regular Army under the provisions of the Special Separation Benefit.  By Orders 341-00206, dated 6 December 1996, the applicant was separated and these orders show his home of record as Tuscaloosa, AL and his entry onto active duty location as 
San Antonio, TX.

6.  Upon his honorable separation, the applicant received a DD Form 214 that shows he completed 11 years, 6 months, and 17 days of net active service.  Item 7a (Place of Entry into Active Duty) of this form contains the entry Item 
"San Antonio, TX" and item 7b (Home of Record at Time of Entry) contains the entry: Tuscaloosa, AL 35404.

7.  Army Regulation 635-5 (Separation Documents) establishes 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.

8.  Table 5-1 of Army Regulation 601-280 (Total Army Reenlistment Program), effective 20 July 1984, stated that effective 1 January 1983, the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into relevant tour of active duty.  The place recorded as the 
HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day.  Only if a break in service exceeds one full day can the HOR be changed by the member.
9.  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 received his appointment in the Regular Army upon completion of the ROTC program at the University of Alabama.  On his application for appointment, the applicant identified his permanent address or home of record as Birmingham, AL.  Subsequent to his application, appointment orders were published showing his home of record as Birmingham, AL.  

2.  The applicant asserts he changed his legal residency to Texas before he was released from active duty in 1997.  While he had complied with the laws of the state of Texas for residency purposes, his military records were not changed because he served continuously without a break in service.   An officer cannot change his home of record without a break in service.  As there is no evidence the applicant had a break in service, he could not have established a new home of record in 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)                                         AR20090018345





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ABCMR Record of Proceedings (cont)                                         AR20090018345



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