IN THE CASE OF:
BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100014032
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 block 7b (Home of Record at Time of Entry) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 July 1991 be corrected to show El Paso, Texas, instead of Frederick, Maryland.
2. The applicant states when he arrived at Fort Bliss, Texas, he changed his residence from Maryland to Texas and remained a Texas resident after his discharge from the Army.
3. The applicant provides a DD Form 214 and credit union account statements in support of this 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 enlisted in the Maryland Army National Guard (MDARNG) on 13 July 1984. His enlistment contract pertaining to this enlistment is not available for review.
3. He entered active duty for training (ADT) on 4 February 1985 and was released from ADT on 10 May 1985. Item 6 (Place of Entry into Active Duty) of his DD Form 214 for this period of service shows Frederick, Maryland.
4. On 15 May 1987, he was discharged from the MDARNG. The additional instructions section of the discharge orders shows he was being appointed a second lieutenant (2LT) in the U.S. Army Reserve (USAR) effective 16 May 1987. These orders show his mailing address and home of record (HOR) as Frederick, Maryland.
5. On 16 May 1987 he was appointed a 2LT in the USAR and entered active duty (temporary duty enroute to Fort Bliss, Texas) on 16 June 1988. The active duty orders show his HOR as Frederick, Maryland.
6. On 30 July 1991, he was released from active duty. His release from active duty orders and item 7b of his DD Form 214 show his HOR as Frederick, Maryland.
7. He provided credit union account statements that show an address in El Paso, Texas.
8. 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 states that the street, city, state, and zip code listed as a Soldier's home of record would be entered in block 7b on the DD Form 214. "Home of Record" is the place recorded as the home of record 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 one full day. Home of record 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's contention that his records should be corrected to show his HOR as El Paso, Texas because he changed his place of residence from Maryland to Texas has been carefully reviewed.
2. Although he contends he changed his residence from Maryland to Texas and that he remained a Texas resident after his discharge, the HOR recorded in his records at the time of his initial enlistment and subsequent appointment to 2LT is Frederick, Maryland. There was no break in service between his enlisted and commissioned service.
3. Therefore, in accordance with the governing regulation, item 7b on his DD Form 214 appears to be correct and he has not shown through the evidence submitted that the HOR shown on his DD Form 214 is in error.
4. Based on the above, there is no basis to grant 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) AR20100014032
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ABCMR Record of Proceedings (cont) AR20100014032
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