IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100018191 


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 item 7b (Home of Record (HOR) at Time of Entry) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her HOR:

* from Route X, Box XXX, Enid, MS  38927
* to XXXX M____ B____ D____, Apartment XXX, Huntsville, AL  35803

2.  She states she made Huntsville, AL, her HOR in 1989 when she permanently moved from MS to attend Oakwood College.  After she dropped out in 1991, she worked and maintained a residence in Huntsville, AL.  When enlisting, her recruiter asked for her current address and a second address where he could send any correspondence.  He entered her mother's address as her HOR, which was incorrect.

3.  She provides copies of:

* her DD Form 214
* a letter from Oakwood College, dated 29 August 2003, showing she was enrolled during the period 30 August 1989 through 27 May 1991
* an undated letter from Huntsville Utilities showing she resided at the following Huntsville, AL, addresses for the periods shown:

* XXXX H____ R____ Unit XXX from 25 March 1992 to 9 October 1993
* XXXX M____ B____ D____ Unit XXXX from 14 September 1993 to 9 March 1994
* 
an Accession Information printout depicting her address as follows:

* Current Address – XXXX M____ B____ D____, Apartment XXX, Huntsville, AL  35803
* HOR – Route X, Box XXX, Enid, MS  38927

* a 7-page credit report, dated 3 January 2008, showing her residential address at the time as XXXX M____ B____ D____, Apartment XXX, Huntsville, AL  35816

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.  Her records show she enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 18 February 1994 and the Regular Army on 3 May 1994.  She served on active duty for 2 years, 6 months, and 5 days.  On 7 November 1996, she was honorably released from active duty and transferred to USAR Control Group (Annual Training).

3.  Her records contain a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) showing her HOR at the time of initial entry as Route X, Box XXX, Enid, MS  38927.

4.  Her records contain a DD Form 1966 (Record of Military Processing – Armed Forces of the United States) showing her HOR at the time of initial entry she indicated her addresses as follows:

* Current Address – XXXX M____ B____ D____, Apartment XXX, Huntsville, AL  35803
* HOR – Route X, Box XXX, Enid, MS  38927

5.  Item 7b of her DD Form 214 shows her HOR as Route X, Box XXX, Enid, MS  38927.  Item 18 (Remarks) shows no immediate reenlistments and no indication of any break in service.

6.  She provided numerous documents which show her residential address as XXXX M____ B____ D____, Apartment XXX, Huntsville, AL  35803.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states that a Soldier's initial enlistment contract or appointment document is the source for HOR data.  This regulation further states that "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.  HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile (residence) may change at any time during a Soldier's career.

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides the policies and procedures for the preparation of enlistment contracts.  It states the HOR address entered on the enlistment contract will be the address declared by the applicant to be his or her 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 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 an 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.  The applicant's contentions have been noted.  She has provided sufficient evidence to show an error occurred at the time of her enlistment.

2.  The preponderance of evidence shows her actual residential addresses before, during, and after her period of service were in Huntsville, AL.  The JFTR provides that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  Therefore, she is entitled to the requested relief.

BOARD VOTE:

___X____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry in item 7b of her DD Form 214 and replacing it with XXXX M____ B____ D____, Apartment XXX, Huntsville, AL  35803.



      _______ _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)                                         AR20100018191



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ABCMR Record of Proceedings (cont)                                         AR20100018191



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