IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100013901
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 DD Form 214 (Certificate of Release or Discharge from Active Duty), item 7b (Home of Record (HOR)) at Time of Entry) be corrected to show "Nolanville, TX 76559" vice "Fairfield, CA 94533."
2. The applicant states he needs his HOR changed to qualify for educational benefits for his dependents under the Texas Hazlewood Act.
3. The applicant provides copies of his DD Form 214, Texas driver's license, voter registration card, property tax appraisal, and a printout titled Hazlewood Act.
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's record shows he enlisted in the Regular Army (RA) at the Oakland, CA, Military Entrance Processing Station (MEPS) for a period of 3 years on 16 June 1977. Item 5 (HOR) of his DD Form 4 (Enlistment/ Reenlistment Document) shows his HOR as "Fairfield, CA 94533" and item 6 (Place of Enlistment/Reenlistment) shows the entry "Oakland, CA." The applicant authenticated this form by placing his signature in the appropriate block.
3. On 11 June 1980, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group, St. Louis, MO to complete his remaining Reserve obligation.
4. On 7 October 1980, he again enlisted in the RA at the Oakland, CA, MEPS. When he filled out a DD Form 1966 (Record of Military Processing), section IV (Other Background Data) he listed his residence from "May 1959 to June 1977" as "2__ E____ W____ Street, Fairfield, CA 94533" and listed the same address as his address from "June 1980 to Present." He also listed his parents as living at that address, as of that date. He authenticated this form by placing his signature in the appropriate block.
5. On 31 October 1997, he was retired. The DD Form 214 he was issued shows he completed a total of 20 years and 20 days of creditable active service. Item 7a (Place of Entry into Active Service) of this form shows the entry "Oakland, CA" and item 7b shows the entry "Fairfield, CA 94533."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 7a of the DD Form 214 shows the city and state where the Soldier entered active duty. Item 7b shows the city, state and ZIP code listed as the Soldiers HOR. Home of Record is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulation, Volume 1, Appendix A, Part I). HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldiers career.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to reflect his HOR as Nolanville, TX in order to be eligible for educational benefits.
2. The evidence of record shows both times he enlisted in the Army at the Oakland MEPS, CA, he listed his permanent home address as Fairfield, CA. Oakland, CA, was correctly established as the place of entry on active duty and Fairfield, CA, as his HOR. Therefore, he is not entitled to the requested relief.
3. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.
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) AR20100013901
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ABCMR Record of Proceedings (cont) AR20100013901
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