IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100027184 


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) for the period ending 10 September 2005 to show his home of record (HOR) as Texas.

2.  The applicant states he changed his residence to Texas in the 1980’s.  He states he and his family lived in Texas prior to being stationed there.

3.  The applicant provides:

* his Form W-2 (Wage and Tax Statement) for 2008
* deed for his residence in Killeen, TX

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 initially enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 25 September 1981 for a period of 4 years.  Item 5 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), completed at the time of his enlistment shows his HOR as Columbia, LA.  He enlisted in the Regular Army on 8 September 1982.

3.  On 18 September 2000, while serving at Fort Hood, TX, the applicant last reenlisted in the Regular Army for an indefinite term.  Item 3 (HOR) of his
DD Form 4 prepared for this reenlistment shows his HOR address as "Route 1, Box xx, Columbia, LA  71418."

4.  The applicant’s Official Military Personnel File (OMPF) is void of enlistment/
reenlistment contracts or other documents showing he ever declared Texas as his official HOR.

5.  The applicant provides a copy of his Form W-2 for tax year 2008 and a deed dated in 1999, which both show a residence in Texas.

6.  On 10 September 2005, the applicant honorably retired in the rank/grade of sergeant first class (SFC)/E-7, after completing 23 years and 23 days of creditable active service.  Item 7b (HOR at the Time of Entry) of his DD Form 214 he was issued at the time of his retirement shows his HOR as Columbia, LA.  Item 19a (Mailing Address After Separation) shows an address in Killeen, TX.

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the policies and procedures for the preparation of enlistment/
reenlistment contracts.  It states, in pertinent part, that the HOR address entered on the enlistment/reenlistment contract will be the address declared by the applicant to be his/her permanent home or actual home at the time of enlistment/
reenlistment.  A temporary address will not be entered.

8.  The Joint Federal Travel Regulation (JFTR) 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 the 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his HOR should be changed to Texas has been carefully considered.  However, the evidence of record and independent evidence provided by the applicant is not sufficient to support his claim.

2.  In this case, the applicant indicates he and his family have been residing in Texas since the 1980’s.  However, the evidence of record confirms when the applicant last reenlisted in 2000, while serving in Texas, he officially declared the State of Louisiana as his HOR, as evidenced by the HOR entry in item 3 of his DD Form 4, which is the same HOR listed on the DD Form 4 prepared during his initial enlistment in the Army in 1981.

3.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service.  Any correction to a HOR must be based on evidence that a bona fide error was made.

4.  The evidence of record contains a reenlistment contract that was completed and authenticated by the applicant with his signature at the time of his last reenlistment in 2000.  Absent any error being made in the HOR recorded at that time, there is an insufficient evidentiary basis to support granting the requested relief.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100027184



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ABCMR Record of Proceedings (cont)                                         AR20100027184



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