IN THE CASE OF:	 

		BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090020274 


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 correction to item 7b (Home of Record (HOR) at the Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 April 1998.

2.  The applicant states this DD Form 214 was issued due to his transition from enlisted to warrant officer status and it has an incorrect HOR listed in Item 7b.  It should be the same address that is shown in Item 19a (Mailing Address after Separation).  He states he misunderstood the intent of Item 7b and thought he was supposed to give the address that his spouse would temporarily reside at while he was in warrant officer candidate school.  He was born in Texas and his HOR has always been Texas throughout his 26 years in the military.  He further states it is important that this be corrected because it will otherwise prevent him from benefiting from specific Texas veteran benefits upon his retirement.

3.  The applicant provides copies of his DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) and his DD Form 214.

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 U.S. Army Reserve on 26 March 1984.  His DD Form 4/1 (Enlisted/Reenlistment Document - Armed Forces of the United States) shows he enlisted in San Antonio, TX and his HOR indicated Harlingen, TX.

3.  The applicant again enlisted in the USAR in pay grade E-1 on 6 January 1990, for 3 years.  His DD Form 4/1 shows he enlisted at the Armed Forces Reserve Center in Springfield, MO, and his HOR indicated Lebanon, MO.

4.  He submitted a copy of his DD Form 1966/1, dated 27 February 1991, that shows he was born in Harlingen, TX, and his HOR as Texarkana-Bowie, TX.

5.  He enlisted in Regular Army (RA) in pay grade E-2 on 21 March 1991, for
4 years.  His DD Form 4/1 shows he enlisted at the Shreveport Military Entrance Processing Station, Shreveport, LA, and his HOR as Lake Charles, LA.

6.  He reenlisted in the RA for 2 years on 19 September 1997.  His DD Form 4/1 shows he enlisted at Fort Sill, OK, with his HOR as Lake Charles, LA.

7.  He was honorably discharged from active duty in pay grade E-6 on 9 April 1998, to accept a commission or warrant in the Army.  He was issued a DD Form 214 that shows in Item 7b his HOR as Lake Charles, LA.  Item 19a of this DD Form 214 shows his mailing address as Fredericksburg, TX.

8.  He is currently serving on active duty as a chief warrant officer four.

9.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214 and stated a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  A Soldier’s initial enlistment contract or appointment document was the source of that data for the entries in Items 7a and b, or any approved change by the Enlisted Records and Evaluation Command.   Item 7a would list the city and state where the Soldier entered active duty and 7b would list the street, city, state, and zip code listed as the Soldier’s HOR.  A Soldier's HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  That cannot be changed unless there is a break in service of at least 1 full day (Joint Travel Regulation, Volume 1, Appendix A, 
Part I).  The HOR was not always the same as the legal domicile as defined for income tax purposes.  Legal domicile could change during a Soldier’s career.

10.  Army Regulation 635-5 also stated that the information in Items 19a and b would be provided by the Soldier.  Item 19a would list the Soldier’s mailing address after separation and must be a permanent address.  Item 19b (Nearest Relative) would list the name and address of a relative, must be a permanent address.  Soldiers were advised it should be someone who would know their location and address at all times.

11.  The Joint Travel Regulations defines 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.  The Joint Travel Regulations serve as the authority for correcting an HOR that was erroneously entered at the time of 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 his DD Form 214 for the period ending 9 April 1998, but this cannot be confirmed or denied.  There is no evidence to show that an error was made in the identification of his HOR at the time of his enlistments in 1990 and 1991 or reenlistment in 1997.  The same HOR is listed on his 1997 DD Form 4/1 as shown in Item 7a of this DD Form 214. Correcting his HOR for the purpose of becoming eligible for state veterans benefits is not a basis to correct his records as requested.  Therefore, he is not entitled to correction of item 7b of his DD Form 214 for the period ending 9 April 1998.

2.  It is also noted the address listed in Item 19a is not the same as the HOR and used for a totally different purpose.

3.  Neither the evidence submitted with the application nor the evidence of record supports his request or that Item 7b of his DD Form 214 is in error or unjust.  Each application is reviewed to determine if, by a preponderance of the evidence, an error or injustice exists and if so, if relief is appropriate.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090020274



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ABCMR Record of Proceedings (cont)                                         AR20090020274



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