BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100015399
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as Pawnee, Illinois.
2. The applicant states he was working and living in Illinois before entering active duty in 1999. He was born, raised, and graduated from high school in Illinois. He was only in North Carolina for a short time when he was recruited [for military duty]. He contends that he told them his home state was Illinois. The applicant further states that he wants his DD Form 214 corrected so he can receive state education benefits.
3. The applicant provides copies of his DD Form 214, separation orders, a statement from the Postmaster, Pawnee, Illinois, and a letter from a former employer.
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 military records contain four DD Forms 4 (Enlistment Contract) for service in the U.S. Army Reserve (USAR), Army National Guard (ARNG), and Regular Army (RA), showing the following:
a. 13 June 1990 (USAR): HOR in Pawnee, Illinois;
b. 14 February 1996 (ARNG): HOR in Cape Girardeau, Missouri;
c. 13 May 1999 (RA): HOR in Spring Lake, North Carolina; and
d. 13 June 2001 (RA reenlistment): HOR in Spring Lake, North Carolina.
3. Section IV (Personal/Family Data) of the applicant's Enlisted Record Brief (ERB), dated 10 January 2005, indicates his HOR as Spring Lake, North Carolina.
4. The applicant was discharged from the Regular Army on 16 March 2005. Item 7b (HOR) of the applicant's DD Form 214 shows his HOR as Spring Lake, North Carolina.
5. Army Regulation 601-280 (Army Reenlistment Program) provides instructions for completing the DD Form 4. Item 3 (HOR) provides for:
a. USAR - enter the address the Soldier claims as a permanent address (street, city, state to be spelled out)
b. RA - enter the street, city, state and zip code of the HOR. HOR is the place recorded as the home of the Soldier when enlisted. The place recorded as the HOR for the Soldier when the Soldier reenlisted remains the same as that recorded when he enlisted 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 HOR be changed by the Soldier.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of
continuous active duty. It provides for entry of a Soldier's HOR at the time of his enlistment. A Soldier's enlistment contract is the source for this information. HOR is the place recorded as the HOR of the Soldier when enlisted. This cannot be changed unless there is a break in service of at least 1 full day. HOR is not always the same as the legal domicile, which may change during a Soldier's career.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his HOR should be recorded on his DD Form 214 as Pawnee, Illinois, so that he may obtain state education benefits from Illinois.
2. The evidence of record clearly shows the applicant enlisted on four separate occasions. He designated Pawnee, Illinois, as his HOR in 1990. In 1996, he changed his HOR to Cape Girardeau, Missouri. In 1999 he again changed his HOR to Spring Lake, North Carolina and retained this same HOR in 2001 when he last reenlisted. He was discharged from the Regular Army on 16 March 2005.
3. The applicant's DD Form 214 ending on 16 March 2005, shows his HOR as Spring Lake, North Carolina, which agrees with the HOR indicated on his
DD Form 4 dated in 2001. Accordingly, there is no apparent error.
4. The applicant's desire to state educational benefits is not a valid basis for changing his DD Form 214.
5. In view of the foregoing, the applicant's request should be denied.
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.
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