IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100013477
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 his records to show his home of record (HOR) as Dallas, TX, instead of Lawton, OK.
2. The applicant states he has lived in TX since 1970.
3. The applicant provides no additional documents 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 applicants 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 applicants 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 inducted into the Army on 9 May 1968. His DD Form 47 (Record of Induction) shows his HOR as Lawton, OK.
3. After completing 2 years of total active service, he was honorably released from active duty (REFRAD) on 8 May 1970, at the expiration of his term of service. The DD Form 214 he was issued shows his HOR as Lawton, OK. The applicant signed his DD Form 214, verifying that the information contained therein was correct.
4. The applicant enlisted in the Army on 29 June 1971 from the Armed Forces Examining and Entrance Station (AFEES) in Oklahoma City, OK. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his HOR as Lawton, OK. He signed the DD Form 4 verifying that the information contained therein was correct.
5. The applicant was honorably discharged on 30 March 1975, for the convenience of the government. His discharge orders show his HOR as Lawton, OK.
6. The applicant reenlisted in the RA on 31 March 1975 and the DD Form 4 that was prepared shows his HOR as Lawton, OK. The DA Form 3286-85 (Statement for Reenlistment) shows he was reenlisting for the Continental United States (CONUS) station of choice of Fort Sam Houston, TX.
7. After completing 5 years, 9 months, and 2 days of net active service this period, he was honorably discharged on 11 July 1980. The DD Form 214 he was issued does not show his HOR. However, his DD Form 214 does show Dallas, TX, as his mailing address after separation.
8. Army Regulation 601-280 (Total Army Retention Program) defines the term Home of Record 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, 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 home of record be changed by the member.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. However, there is no evidence in the available record, nor has he submitted any evidence that shows the documents contained in his official military records showing his HOR as Lawton, OK, are incorrect.
2. When the applicant enlisted in the Army on 29 June 1971 he enlisted from the AFEES in Oklahoma City, OK. His DD Form 4 showed his HOR as Lawton, OK, and he signed the DD Form 4 verifying that the information contained therein was correct. He has provided no evidence to show that the entry on his enlistment contract was incorrect.
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) AR20100013477
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100013477
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060016320
The applicant requests that the home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 11 October 1996 be changed from Oklahoma (OK) to Texas (TX). The applicant's military records show that he was born in Houston, TX, on 6 October 1971. Evidence of record shows that prior to the applicant's enlistment his DD Form 1966/1 recorded his HOR as _________ ____, Dallas, TX, 75220.
ARMY | BCMR | CY2011 | 20110021288
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 September 1993 to show his home of record (HOR) as "Middletown, OH" instead of "Lawton, OK." 2. In this case, the evidence of record shows upon his initial enlistment in the RA in 1976 the applicant listed "Middletown, OH" as his HOR. The applicant's HOR appears not to be in error on any of the applicant's DD Forms 214.
ARMY | BCMR | CY2010 | 20100025469
The applicant provides his DD Form 214 and Enlistment/Travel Order No. The evidence of record shows that he enlisted in the RA, and was ordered to active duty, at the AFEES in Dallas, TX. Army Regulation 635-5 states that the information contained within the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service, and defines a Soldier's HOR as the HOR they maintained at the time of commissioning, appointment, enlistment, or upon being ordered to a tour...
ARMY | BCMR | CY2011 | 20110002109
Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms the applicant entered active duty from civilian life at Dallas, Texas, and that her HOR at the time was Tyler, Texas, as evidenced by the DD Form 4 documenting her initial enlistment on 1 July 1975. The 1975 DD Form 4 also confirms the applicants HOR was in Tyler, Texas, and subsequent DD Forms 4 prepared for her 1978 reenlistment in the RA and 1988 enlistment in...
ARMY | BCMR | CY2009 | 20090008655
The applicant, as the mother of a deceased former service member (FSM), requests correction the FSM's record to show his home of record (HOR) as Houston, Texas. Block 7b (Home of Record at Time of Entry) of the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his HOR as Houston, TX. There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that the FSM's home of record at the time of his death was...
ARMY | BCMR | CY2013 | 20130014897
Application for correction of military records (with supporting documents provided, if any). The applicant does not provide any evidence. Item 8b of his DD Form 214 shows the place where separated or "Point of Release" to be Fort Hood, TX.
ARMY | BCMR | CY2015 | 20150003811
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as TX instead of GA. 2. The DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) initiated at that time shows his HOR as Morris, GA, in item 5 (HOR). Item 6 (Place of Entry into Active Duty) shows the entry "Atlanta, GA." 5.
ARMY | BCMR | CY2001 | 2001065639C070421
The applicant requests that his military records be corrected to show that his home of record (HOR) at the time of his enlistment was Houston, Texas, vice Lawton, Oklahoma. It states, in pertinent part, that the HOR address entered on the enlistment contract will be the address declared by the The applicable regulations state that the HOR at the time of entry on active duty will be the actual home or permanent home and that a temporary address will not be entered.
ARMY | BCMR | CY2006 | 20060001659C070205
The applicant requests that the Home of Record (HOR) currently reflected in his Official Military Personnel File be changed from Baton Rouge, Louisiana (LA), to Dallas, Texas (TX). He states that his Selective Service Local Board Number, City, State and Zip Code is reflected as Ennis, Texas; that his enlistment contract shows that his recruiter was located in Dallas, TX; and that the letter from the University of North TX indicates that he resided in Dallas, TX, 3 months before his...
ARMY | BCMR | CY2012 | 20120022794
The applicant requests his home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 September 2000 be changed to Dallas, TX 75217 instead of Honolulu, HI 96812. Table 11-1 (Instructions for completing DD Form 4) of Army Regulation 601-280 (Army Retention Program) states 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...