IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100022214
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 Texas as his home of record (HOR).
2. The applicant states, in effect, he has lived in Texas since being discharged from the Army. He states he did not realize, until recently, that his HOR was Michigan, not Texas. He further states he got married in 1991 after he was discharged from the Army and he has continued to live in Texas. He concludes by stating that since he has now declared Texas as his home state he would like his records corrected to reflect Texas as his HOR.
3. The applicant provides his DD Form 214.
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's record shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 14 June 1989. He was discharged from the USAR DEP on 24 August 1989 and he enlisted in the Regular Army (RA), for a period of 2 years, on 25 August 1989. He completed training and he was awarded military occupational specialty 16E (Hawk Fire Control Crewmember).
3. On 24 August 1991, he was honorably released from active duty, under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 4, due to expiration of term of service, and transferred to the USAR Control Group to complete his remaining service obligation. His DD Form 214 shows he completed 2 years of net active service during this period of active duty. Item 7a (Place of Entry into Active Duty) of his DD Form 214 shows Milwaukee, WI. Item 7b (HOR at Time of Entry) on his DD Form 214 shows Harvey, MI.
4. His record contains a DD Form 4 (Enlistment/Reenlistment Document) showing his HOR and place of enlistment, at the time of enlistment in the USAR DEP and the RA was Harvey, MI, and Milwaukee, WI, respectively.
5. 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 establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
6. Paragraph 2-4h(7)(b), of Army Regulation 635-5, states that Item 7a of the DD Form 214 documents the city, state, and zip code where the Soldier entered active duty, and Item 7b documents the Soldier's HOR. The Soldier's HOR is defined as the Soldier's HOR at the time of commissioning, appointment, enlistment, or upon being ordered to a tour of active duty. This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulation, Volume 1, Appendix A, Part I). HOR is not always the same as the legal domicile, as defined for income tax purposes. A Soldier's legal domicile may change during their career.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show Texas as his HOR has been carefully considered, but it was determined to be without merit.
2. He contends that item 7b of his last DD Form 214 should reflect the State of residence he has maintained since his release from active duty. Army Regulation 635-5 states that the information contained within the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service, and defines a Soldier's HOR as the HOR they maintained at the time of commissioning, appointment, enlistment, or upon being ordered to a tour of active duty. His enlistment contract confirms his HOR, at the time of enlistment, was Harvey, MI; therefore, it appears his HOR was accurately reflected on his DD Form 214 and there is no basis to change item 7b.
3. 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 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) AR20100022014
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ABCMR Record of Proceedings (cont) AR20100022214
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