IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100024164
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 and mailing address after separation as Columbus, Ohio.
2. The applicant states he was not a resident of Virginia at the time of his entry on active duty.
3. The applicant provides no additional evidence.
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. On 20 November 2000, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program for 8 years. His corresponding DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his address in Newport News, Virginia, in item 3 (Home of Record). The applicant signed the form indicating he had carefully read this document.
3. On 9 January 2001, the applicant enlisted in the Regular Army for 3 years.
4. On 7 October 2003, the applicant reenlisted in the Regular Army for 2 years. His corresponding DD Form 4 shows his address in Newport News, Virginia, in item 3. The applicant signed the form indicating he had carefully read this document.
5. On 30 April 2006, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement). He had attained the rank of sergeant/pay grade E-5 and had completed 5 years, 3 months, and 22 days of creditable active duty service.
6. Item 7b (Home of Record at Time of Entry) and item 19a (Mailing Address after Separation) of the applicant's DD Form 214 both show his Newport News, Virginia, address.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.
a. It states a Soldier's initial enlistment contract is the source document for the home of record entry in item 7b of the DD Form 214. It further states, "Enter the street, city, state and zip code listed as a Soldier's home of record." "Home of record" is the place recorded as the home of record of a 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. The 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.
b. It also states the Soldier will provide his mailing address after separation. This information is to be entered in item 19a of the DD Form 214. It must be a permanent address.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his home of record and mailing address after separation as Columbus, Ohio.
2. The applicant's DD Forms 4 clearly show the applicant provided Newport News, Virginia, as his home of record at the time of his enlistment in 2000 and again when he reenlisted in 2003.
3. The applicant's DD Form 214 shows the same address for his home of record and mailing address after separation as indicated on both of his DD Forms 4.
4. There is no apparent error or injustice.
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 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) AR20100024164
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100024164
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110005121
There is no authority to change the HOR as officially recorded at the time of entry into military service. He has not provided documentation and his record contains no evidence to show his address was anything other than the Jeannette, PA address listed in his enlistment contract. As a result, the Board recommends denial of so much of the application that pertains to correcting items 7b and 19a of his DD Form 214 for the period ending 10 July 2006 to show the entry xxxx W. xxth Street,...
ARMY | BCMR | CY2011 | 20110014597
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) with an address in Ohio instead of Texas. The applicant requests correction of his DD Form 214 to show his HOR in Columbus, OH. The evidence of record shows he entered the USAR DEP on 20 August 1990 and his HOR was listed as Houston, TX; however, he subsequently entered active duty on 12 September 1990 in Columbus, OH and his contract was corrected to...
ARMY | BCMR | CY2011 | 20110017089
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 Wilmington, OH. The applicant's SF 88 and SF 93, both dated 12 November 1986 and filed in his military record, show he listed his home address as Knob Noster, MO. The applicant's DD Form 4 shows the applicant provided Knob Noster, MO as his HOR at the time of his enlistment in the USAR on 8 December 1986.
ARMY | BCMR | CY2012 | 20120007241
His reenlistment document shows an address in Hampton, Virginia, as his HOR. The governing regulation states the: * HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty * HOR cannot be changed unless there is a break in service of at least one full day 3. The evidence shows his HOR was recorded as Virginia when he enlisted in the USAR in 1998 and when he enlisted in the Regular Army in 2006.
ARMY | BCMR | CY2008 | 20080007091
The applicant requests that items 7b (Home of Record at Time of Entry), 19a (Mailing Address After Separation), and 19b (Nearest Relative) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his new address in Honolulu, Hawaii. Since the governing regulation states that the Home of Record is the place recorded as the home of record of the Soldier when enlisted, there is no basis for granting the applicants request to amend item 7b on his DD Form...
ARMY | BCMR | CY2007 | 20070010324
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2007 DOCKET NUMBER: AR20070010324 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. The applicant authenticated his DD Form 214 indicating that he has reviewed the form and...
ARMY | BCMR | CY2009 | 20090020167
The applicant requests correction of items 7b (Home of Record at Time of Entry), 12a (Date Entered AD [Active Duty] This Period), and 19a (Mailing Address After Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2009. Item 7b of the applicant's DD Form 214 for the period ending 30 September 2009 shows his home of record at the time of entry was "xxx D S------- St., Apt. Item 7b of his DD Form 214 for the period ending 30...
ARMY | BCMR | CY2009 | 20090020274
The applicant requests correction to item 7b (Home of Record (HOR) at the Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 April 1998. The same HOR is listed on his 1997 DD Form 4/1 as shown in Item 7a of this DD Form 214. Neither the evidence submitted with the application nor the evidence of record supports his request or that Item 7b of his DD Form 214 is in error or unjust.
ARMY | BCMR | CY2014 | 20140016778
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in item 7b (Home of Record (HOR) At Time of Entry) 9XX MXXX Street, #16, McKinney, TX 75069. Item 7 of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry. Accordingly, when his DD Form 214 was prepared upon REFRAD, his HOR and the place of entry on active duty were correctly listed as Benton, LA.
ARMY | BCMR | CY2010 | 20100014923
The applicant requests correction of his records to show his home of record (HOR) is Texas. The evidence of record shows that item 7b of the applicant's DD Form 214 shows the place recorded as the HOR of the applicant when he enlisted in the U.S. Army. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the applicant's HOR as recorded in item 7b of his DD Form 214 is correct.