IN THE CASE OF:
BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100007769
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 of item 7b (Home of Record) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) as Killeen, TX, instead of Miami, FL.
2. The applicant states she was living in Killeen, TX, at the time she entered active duty. She had changed her HOR to Texas prior to this entry.
3. The applicant provides a court waiver of citation and a copy of her DD Form 214 in support of her 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 was appointed as a Reserve commissioned officer on 27 June 1979 with a concurrent call to active duty. Her DA Form 71 (Oath of Office) and letter of appointment are not available.
3. She provided a copy of a court waiver of citation, dated 30 August 1986, which indicates her mailing address as Killeen, TX.
4. U.S. Army Reserve Personnel Command Orders P-08-390148, dated 4 August 2003, released the applicant from assignment and duty effective 30 November 2003 and placed her on the Retired List effective 1 December 2003. These orders show her HOR as Miami, FL, and that she entered active duty from Augusta, GA.
5. Item 7b of her DD Form 214 shows her HOR as Miami, FL. Her mailing address at separation was also Miami, FL.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. This regulation directs the following:
a. Enter the street, city, state, and zip code listed as a Soldier's HOR in item 7b.
b. The HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.
c. The place recorded as the home 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 1 full day.
d. The HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier's career.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she was living in Killeen, TX, at the time she entered active duty and she changed her HOR to Texas prior to this entry. However, the applicant's service record does not contain sufficient evidence to support her claims. The document she provided to support her contention merely notes her mailing address in 1986 was Killeen, TX. She entered active duty in 1979.
2. By regulation, the place recorded as the home 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 1 full day.
3. Although the applicant's court waiver of citation, dated 30 August 1986, shows her mailing address as Killeen, TX, it cannot be determined whether the applicant changed her HOR from Miami, FL, to Killeen, TX, prior to her appointment in June 1979.
4. Therefore, there is insufficient evidence on which to base correction of her records to show her HOR as Killeen, TX.
5. However, if the applicant has her oath of office and letter of appointment indicating her HOR as Killeen, TX, she is advised to provide a copy of these documents for reconsideration of her 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) AR20100007769
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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1
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