BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110002380 


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 31 August 1992 to show his home of record (HOR) as Cincinnati, OH.

2.  The applicant states his HOR for military purposes was Jellico, TN, from 1966 to 1970.  He then moved to Ohio, got an Ohio driver's license, and has been an Ohio resident from 1970 through the present.  He reentered active military service in Cincinnati, OH, on 29 November 1972 and since then all of his DD Forms 214 have his place of entry into military service as Cincinnati, OH.  His HOR should have changed to Ohio at the time he reenlisted on 29 November 1972.  He has paid state income taxes to Ohio and claimed Ohio as his resident state and HOR for the past 40 years.

3.  The applicant provides:

* DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 2 August 1966
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 August 1969
* two letter orders from the U.S. Army Reserve Components Personnel and Administration Center (RCPAC), St. Louis, MO, dated 21 July 1971 and 26 July 1972
* DD Form 214 (Report of Separation from Active Duty) with an effective date of 11 November 1976
* DA Form 4240 (Data for Payment of Retired Army Personnel), dated 9 July 1992
* DD Form 214 with a separation date of 31 August 1992
* retirement letter and certificate of appreciation from the Secretary of the Army
* retirement Certificate of Appreciation from the President

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 initially enlisted in the Regular Army on 2 August 1966.  His DD Form 4 listed his home address as Jellico, TN.  On 1 August 1969, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  His HOR shown on his DD Form 214 is Jellico, TN.  His permanent mailing address after separation is shown as Jellico, TN.

3.  RCPAC Letter Orders Number 07-335595, dated 21 July 1971, transferred him to the USAR Control Group (Standby).  These orders were mailed to him at an address in Dayton, OH.

4.  RCPAC Letter Orders Number 07-1276597, dated 26 July 1972, discharged him from the USAR.  These orders were mailed to him at an address in Dayton, OH.

5.  On 29 November 1972, he enlisted in the Regular Army for 4 years.  In item 41 (Home of Record) of his DD Form 4 his HOR is shown as Jellico, TN.  He signed the DD Form 4 certifying the entries were correct.

6.  On 11 February 1976, he was discharged to immediately reenlist.  His HOR is shown on his DD Form 214 as Jellico, TN.

7.  On 12 February 1976, he immediately reenlisted.  His HOR is shown on his DD Form 4 as Jellico, TN.  He signed the DD Form 4 certifying the entries were correct.

8.  On 31 August 1992, he was retired and placed on the Retired List the following day.  His HOR is shown on his DD Form 214 as Jellico, TN.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time stated the street, city, state, and zip code listed as a Soldier's home of record would be entered in item 7b of the DD Form 214.  Interim change 1, dated 2 October 1989, states, "The term 'home of record' means the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered to a tour of active duty.  It is not necessarily the legal domicile as defined for income tax purposes."  A Soldier's initial enlistment contract or appointment document is the source for this data.  This regulation further provides that the HOR cannot be changed unless there is a break in service of at least 1 full day.

DISCUSSION AND CONCLUSIONS:

1.  His HOR was listed as Jellico, TN, throughout his first enlistment.  His permanent mailing address after separation was listed on his DD Form 214 as Jellico, TN.  The letter orders he received show he apparently moved to Dayton, OH, sometime after his release from active duty.

2.  He had a break in service of more than 1 day from the date of his discharge from the USAR on 26 July 1972 to the day he enlisted in the Regular Army.  Therefore, he could have changed his HOR at the time of this enlistment.  However, he again designated Jellico, TN, as his HOR on the DD Form 4 when he enlisted on 29 November 1972.

3.  From the date of his enlistment on 29 November 1972 until his retirement on 31 August 1992 he did not have a break in service.  There was no further opportunity for him to change his HOR.  Therefore, his HOR listed on his DD Form 214 with a separation date of 31 August 1992 is correct.

4.  In view of the above, there is an insufficient basis to change his HOR 37 years after he designated it and 19 years after he retired.


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)                                         AR20110002380



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ABCMR Record of Proceedings (cont)                                         AR20110002380



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