IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100025469


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 (Report of Separation from Active Duty) to show Texas as his home of record (HOR).

2.  The applicant states, in effect, that he enlisted in Dallas, TX, and his address, at the time of his entry on active duty, was in Killeen, TX.  

3.  The applicant provides his DD Form 214 and Enlistment/Travel Order No. 137-17, Armed Forces Examining and Entrance Station (AFEES), Dallas, TX, dated 8 July 1976.

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 2 March 1976.  He was discharged from the USAR DEP on 7 July 1976 and he enlisted in the Regular Army (RA), for a        3-year term, on 8 July 1976.  He completed training and was awarded military occupational specialty 91B (Medical Specialist).

3.  On 7 July 1979, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 2, at the completion of his required active service, and transferred to the USAR Control Group to complete his remaining service obligation.  His DD Form 214 shows he completed 3 years of net active service during this period of active duty.  Item 8c (HOR at Time of Entry into Active Service) of his DD Form 214 shows E Amherst, NY.  Item 14 (Place of Entry into Current Active Service) of his DD Form 214 shows Buffalo, NY.

4.  His record contains a DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) showing his HOR and place of enlistment, at the time of enlistment in the USAR DEP was East Amherst, NY and Buffalo, NY, respectively.  His DD Form 4C (Enlistment or Reenlistment Agreement (Continuation Sheet)) shows he enlisted in the RA at the AFEES in Dallas, TX.

5.  Enlistment/Travel Order No. 137-17, AFEES, Dallas, TX, dated 8 July 1976, orders him to active duty and transfers him to the U.S. Army Reception Station, Fort Leonard Wood, MO.

6.  His DD Form 93 (Record of Emergency Data), dated 8 Jul 1976, shows his mother's address as Killeen, TX.

7.  Army Regulation 635-5 (Personnel Separations – 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.  

   a. Paragraph 2-7i states that Item 8c of the DD Form 214 documents the HOR at time of entry into active service.  It further states, that for members who enter active duty from the Army National Guard of the U.S. or the USAR, the HOR should be the address shown on the orders [Enlistment/Travel Order that orders a Soldier to active duty].  Once established, the HOR 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.

   b. Paragraph 2-7t states that Item 14 of the DD Form 214 documents the place of entry into current active service.  

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 and was determined to have merit.  

2.  The evidence of record shows that he enlisted in the RA, and was ordered to active duty, at the AFEES in Dallas, TX.  His DD Form 93, executed on the date he enlisted in the RA and entered active duty, shows his mother resided in Killeen, TX.  Given that he enlisted at the Dallas AFEES, and his age at the time of his RA enlistment, it would be logical to presume he lived with his mother in Killeen.  

3.  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 HOR at the time of entry on active duty was Killeen, TX; therefore, it appears his HOR was inaccurately reflected on his DD Form 214.  It would be appropriate to correct his DD Form 214 to reflect Killeen, TX as his HOR, and Dallas, TX as his place of entry into current active service.  

BOARD VOTE:

__X_____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  deleting from item 8c of his DD Form 214 the entry "E Amherst, NY 14051" and replacing it with the entry "Killeen, TX  76542"; and

	b.  deleting from item 14 of his DD Form 214 the entry "Buffalo, NY 14200" and replacing it with the entry "Dallas, TX  75200."




      __________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)                                         AR20100025469



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