IN THE CASE OF:
BOARD DATE: 12 May 2011
DOCKET NUMBER: AR20100026382
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 his home of record (HOR) at the time of his entry on active duty be changed to XXXX N____ Road, Mansfield, OH.
2. The applicant states the information should have shown his HOR as Mansfield, OH. He noticed the mistake when he applied for the State war bonus benefit.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 September 2006.
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. He enlisted in the U.S Army Reserve (USAR) on 19 September 1997 for a period of 3 years. Item 3 (Home of Record) of his DD Form 4 (Enlistment/
Reenlistment Document Armed Forces of the United States) shows his HOR as XXXX N. M____, Springfield, MO.
3. He immediately reenlisted on 11 August 2000 for a period of 6 years. Item 3 of his DD Form 4 shows his HOR as XXXX N. M____, Springfield, MO.
4. U.S. Army Human Resources Command Orders R-10-579823, dated 14 October 2005, ordered him to active duty in an Active Guard Reserve (AGR) status for a period of 3 years assigned to the U.S. Army Recruiting Battalion, Columbus, OH. The orders were mailed to him at XXX W. H____ Street, Springfield, MO. The reporting date on these orders was 31 October 2005 with temporary duty en route from 15 October-28 October 2005. The orders show his HOR as Springfield, MO.
5. On 22 September 2006, he was released from active duty and transferred to the USAR Control Group (Reinforcement). Item 7b of his DD Form 214 shows his HOR as XXX W. H____ Street, Springfield, MO.
6. Table 11-1 of Army Regulation 601-280 (Total Army Reenlistment Program), states the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day. Only if a break in service exceeds 1 full day can the HOR be changed by the member.
DISCUSSION AND CONCLUSIONS:
1. He enlisted in the USAR on 19 September 1997. His HOR was designated as Springfield, MO. He was not entitled to change his HOR when he reenlisted on 11 August 2000.
2. He was ordered to active duty for 3 years in an AGR status effective 31 October 2005. He was being ordered into a relevant tour of active duty at that time. Therefore, he was entitled to designate a new HOR at that time. However, his orders to active duty show he was residing at XXX W. H____ Street, Springfield, MO, and his HOR is shown as Springfield, MO. There is no evidence this was not his HOR at the time.
3. Because he was residing at XXX W. H____ Street, Springfield, MO, at the time he was ordered into the relevant tour of active duty, the entry in item 7b of his DD Form 214 showing his HOR as Springfield, MO, is correct.
4. In view of the above, there is no basis for changing his HOR to Mansfield, OH.
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) AR20100026382
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100026382
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140011851
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 7a (Place of Entry on Active Duty), from "Massillon, OH" to "Austin, TX" * Item 7b (Home of Record (HOR)), from XXX Pershing Avenue SE, North Canton, OH, 44720" to "XXXX Balcones Club Apartments, # XXX, Austin, TX, 78750" * Item 8a (Last Duty Assignment and Major Command), from Joint Force Headquarters (-) Additional TDA GB to Joint Force Headquarters, TX * Item 19a...
ARMY | BCMR | CY2010 | 20100018191
Application for correction of military records (with supporting documents provided, if any). 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. It states the HOR address entered on the enlistment contract will be the address declared by the applicant to be...
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 | CY2010 | 20100027966
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 2008 to show "3xxx West Third Street, Dayton, Ohio 45417" was his home of record (HOR) at the time he entered active duty. His records contain a DD Form 4 (Enlistment/Reenlistment Document) showing his HOR as Dayton, OH at the time of his enlistment in the USAR Delayed Entry/Enlistment Program (DEP) and subsequent enlistment in the Regular Army on 26...
ARMY | BCMR | CY2012 | 20120019964
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record as Ohio. The applicant states he was never a resident of Oregon; he was visiting Oregon when he enlisted. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his home of record as 76 L*** L**, Mansfield, OH, as shown in his Security Clearance Application.
ARMY | BCMR | CY2013 | 20130001403
The applicant, the widow of a deceased former service member (FSM), requests correction of item 8c (Home of Record (HOR) at Time of Entry into Active Service) of the FSM's DD Form 214 (Report of Separation from Active Duty) for the period ending 30 June 1977 to show XXXXX I____ Drive, El Paso, Texas. From the time the FSM was inducted into the Army on 18 June 1953 until his reenlistment in the Regular Army on 1 May 1964, an HOR was not listed on his induction/enlistment/reenlistment...
ARMY | BCMR | CY2011 | 20110024688
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his home of record (HOR) as Fort Worth, TX instead of Denver, CO. 2. There is no authority to change the HOR as officially recorded at time of entry into the military service. The applicant's HOR appears not to be in error on the applicant's DD Form 214 for the period ending 30 September 1976.
ARMY | BCMR | CY2014 | 20140000854
The applicant requests correction of his records to show his home of record (HOR) as Texas. The applicant contended that his HOR should be changed from Washington to Texas because he had been working, paying taxes, and attending college in Texas; however, he started the process to enlist in the U.S. Armed Forces in Texas and he completed the process in Spokane, Washington because he did not have his high school transcripts and he didn't want to miss the earliest available training...
ARMY | BCMR | CY2011 | 20110024269
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 August 2011 to show his home of record (HOR) as "xxxx Sxxxxxxxx 17th Cxxxxx, Ocala, FL, 34471" instead of the address that his currently listed on his DD Form 214. Prior to his retirement, he submitted two DA Forms 160-R (Application for Active Duty) on 29 April 2008 and 18 May 2008 requesting to enter active duty, under the Retiree Recall Program. The orders...
ARMY | BCMR | CY2011 | 20110021288
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 September 1993 to show his home of record (HOR) as "Middletown, OH" instead of "Lawton, OK." 2. In this case, the evidence of record shows upon his initial enlistment in the RA in 1976 the applicant listed "Middletown, OH" as his HOR. The applicant's HOR appears not to be in error on any of the applicant's DD Forms 214.