IN THE CASE OF:
BOARD DATE: 13 April 11
DOCKET NUMBER: AR20100024463
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his home of record (HOR) from Georgia (GA) to Texas (TX).
2. He states, in effect, he changed his HOR in the year 1995, while serving in active duty.
3. He did not provide any additional documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His records show he enlisted in the Delayed Entry Program (DEP) of the U.S. Army Reserve on 15 May 1979. He was released from DEP status and enlisted in the Regular Army and entered active duty 5 June 1979. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his HOR at the time of initial entry as Macon, GA.
3. During the course of his over 24 years of active Federal service he executed several reenlistment contracts. Each of those contracts also reflected Macon, GA as his HOR and he authenticated each one with his signature.
4. A copy of his DD Form 214 for the period ending 31 December 2003 shows he was honorably retired after serving over 24 years of active service. This form also shows his HOR as Macon, GA. Item 18 (Remarks) shows the following immediate reenlistments with no indication any a break in service:
* 9 December 1981 8 December 1986
* 9 December 1986 7 December 1992
* 8 December 1992 2 May 1994
* 3 May 1994 30 September 1998
5. 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, in pertinent part, 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.
6. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides that the policies and procedures for the preparation of enlistment contracts. It states that 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.
7. The Joint Federal Travel Regulation 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. He claims to have changed his HOR around the year 1995. His contentions have been noted. However, he has not provided sufficient evidence to show he had a break in service of 1 full day and that his HOR was changed.
2. In view of the foregoing, there is no basis for granting his 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) AR20100024463
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ABCMR Record of Proceedings (cont) AR20100024463
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