BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100016789 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her home of record (HOR) as Austin, TX.

2.  The applicant states, in effect, that although her point of entry was San Antonio, TX, recruiter credit went to Austin, TX.  She goes on to state that she had established a work history and residency in Texas for a period longer than
6 months and she is now experiencing difficulty in obtaining State veterans benefits.

3.  The applicant provides:

* a copy of her DD Form 214
*  a document from the Social Security Administration regarding her employment in 1996
* A copy of a letter from an employer who indicates the applicant was employed in Austin, TX from June 1995 to April 1996
* An account statement from the Internal Revenue Service

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 enlisted in the U.S. Army Reserve in San Diego, CA under the Delayed Entry Program (DEP) on 8 May 1996 for a period of 8 years.  At the time of her enlistment she indicated that her HOR was an address in Murietta, CA.  Her records also indicate that she attended high school in Murietta, CA and college in Oceanside, CA.

3.  On 25 June 1996, the applicant enlisted in the Regular Army in San Antonio, TX for a period of 3 years; training as a quartermaster chemical equipment repairer; assignment to Fort Hood, TX; and the Army College Fund.

4.  She completed her training and she was transferred to Fort Hood for her first and only duty assignment.  She was advanced to the rank/grade of specialist (SPC)/E-4 on 25 August 1998.

5.  On 19 March 1999, she was honorably released from active duty (REFRAD) due to parenthood.  She had served 2 years, 8 months, and 25 days of total active service.  Her DD Form 214 issued at the time of her REFRAD shows her HOR as Murietta, CA.

6.  On 14 October 2000, she enlisted in the Texas Army National Guard in Austin, TX for a period of 3 years and she listed her HOR as an address in Round Rock, TX.

7.  The documents submitted by the applicant from the Social Security Administration reflect she was employed in Leander, Austin and Dallas, TX in 1996.  The periods of employment are not indicated on that form.

8.  Army Regulation 601-210 provides the policies and procedures for the preparation of enlistment contracts.  It states, in pertinent part, that the HOR 


address entered on the enlistment contract will be the address declared by the applicant to be their permanent home or actual home at the time of enlistment.  A temporary address will not be entered.

9.  The Joint Federal Travel Regulation (JFTR) provides, in pertinent part, that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the HOR as officially recorded at time of entry into the military service.  However, there is authority to correct a HOR if erroneously entered on the records at that time, and then only for travel and transportation purposes.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.  It may not be a place selected for the convenience of the Soldier.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no provisions to change a HOR, there are provisions to correct a HOR if it can be determined that an error was made at the time the HOR was recorded.  The applicable regulations state that the HOR at the time of enlistment will be the actual home or permanent home and that a temporary address will not be entered.

2.  The evidence of record clearly shows that at the time the applicant was processing for enlistment she indicated that her HOR was a specific address in Murietta, CA.  She provided no specific address in Texas at the time to indicate that her actual HOR was Texas instead of California.

3.  Although the applicant has provided documents to show that she was employed in Texas in 1996, those documents do not establish that Texas was her actual HOR, especially since she enlisted in the USAR initially in California, where her records indicate she went to school.

4.  While it is understood that the applicant desires to obtain benefits offered by the State for veterans whose HOR was in Texas when they served their country on active duty, that in itself is not sufficient to change her record, especially since she offers no explanation as to why her HOR was in California at the time of her enlistment and why she now claims it was in Texas.

5.  In view of the foregoing, there is no basis for granting 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)                                         AR20100016789



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ABCMR Record of Proceedings (cont)                                         AR20100016789



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