BOARD DATE: 14 December 2010
DOCKET NUMBER: AR20100016893
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 7a (Place of Entry into Active Duty) and block 7b (Home of Record (HOR) at Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show San Marcos, Texas, instead of Litchfield Park, Arizona.
2. The applicant states the entries are incorrect because they reflect his parents' HOR at the time of his entry on active duty and not his. He entered active duty in San Marcos, Texas, when he accepted his Regular Army commission on 21 December 1990.
3. The applicant provides a DD Form 214, DA Form 71 (Oath of Office - Military Personnel), college transcript, Officer Record Brief, and a leave and earnings statement.
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 (USAR) on 29 August 1988 as a Reserve Officers' Training Corps (ROTC) cadet.
3. Block 3 (HOR) and block 4 (Place of Enlistment/Reenlistment) of his DD Form 4 (Enlistment/Reenlistment Document) show an address in Austin, Texas.
4. On 31 August 1989, he submitted a DA Form 61 (Application for Appointment). Block 18 (Permanent Address) of the DA Form 61 shows an address in Litchfield Park, Arizona. Block 21 shows he graduated from high school in Austin, Texas.
5. On 11 May 1990, he executed an oath of office as a Reserve commissioned officer. The DA Form 71 shows the oath of office was sworn and executed at Southwest Texas State University.
6. Headquarters, U.S. Army Third Region, U.S. Army ROTC Cadet Command, Orders Number 208-1-A-838, dated 20 November 1990, ordered him to active duty as a Regular Army commissioned officer. The active duty orders show his address as Austin, Texas, and his HOR as Litchfield Park, Arizona.
7. On 21 December 1990, he executed an oath of office as a Regular Army commissioned officer. The DA Form 71 shows the oath of office was sworn and executed at Southwest Texas State University.
8. He entered active duty on 21 December 1990. Headquarters, U.S. Army Armor Center, Fort Knox, Kentucky, Orders Number 198-0162, dated 17 July 1997, ordered his release from active duty effective 18 November 1997. His release from active duty orders and block 7b of his DD Form 214 show his HOR as Litchfield Park, Arizona. Block 7a shows his place of entry into active duty as Litchfield Park, Arizona.
9. 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 HOR would be entered in block 7b of the DD Form 214. "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. 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 and place of entry into active duty as San Marcos, Texas, has been carefully considered.
2. His USAR enlistment contract shows his HOR as Austin, Texas. He was appointed a commissioned officer in Austin, Texas, and his active duty orders show his address as Austin, Texas. Therefore, it appears errors were made in the preparation of his active duty orders, separation from active duty orders, and DD Form 214 in that they show his HOR as Litchfield Park, Arizona.
3. In view of the above, his records should be corrected to show his HOR as Austin, Texas.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x_____ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. amending Headquarters, U.S. Army Third Region, U.S. Army ROTC Cadet Command, Orders Number 208-1-A-838, dated 20 November 1990, to show his HOR as Austin, Texas;
b. amending Headquarters, U.S. Army Armor Center, Fort Knox, Kentucky, Orders Number 98-0162, dated 17 July 1997, to show his HOR as Austin, Texas; and
c. amending blocks 7a and 7b of his DD Form 214 to show Austin, Texas.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing his home of record as San Marcos, Texas.
_____________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) AR20100016893
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