IN THE CASE OF:
BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110003117
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 her record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her home of record (HOR) as Texas.
2. The applicant states she changed her HOR before she was discharged; however, her HOR does not reflect Texas. She states that because her DD Form 214 is over 20 years old, she needs a new one that reflects Texas as her HOR.
3. The applicant provides her DD Form 214 in support of her application.
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. On 2 April 1986, the applicant enlisted in the Regular Army. The DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), commonly referred to as the enlistment/reenlistment contract, prepared for this enlistment shows her HOR as XXXX N. B____ Street, Eaton, Ohio, in item 3 (Home of Record). Item 4 (Place of Enlistment/Reenlistment) shows she entered military service at the Cincinnati, Ohio, Military Entrance Processing Station.
3. The applicant's official military personnel file (OMPF) is void of enlistment/
reenlistment contracts or other documents showing she ever declared Texas as her HOR.
4. The record shows the applicant was honorably released from active duty on 1 December 1989. The DD Form 214 she was issued lists her place of entry on active duty as Cincinnati, Ohio, in item 6 (Place of Entry into Active Duty) and item 19 (Mailing Address after Separation) lists a mailing address in Texas.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the policies and procedures for the preparation of enlistment/
reenlistment contracts. It states 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.
6. 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 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 her HOR should be changed to Texas because she changed it before she was separated has been carefully considered. However, the evidence of record and independent evidence provided by the applicant is not sufficient to support her claim.
2. 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 an HOR must be based on evidence that a bona fide error was made.
3. The evidence of record contains an enlistment contract that was completed and authenticated by the applicant with her signature at the time of her enlistment in 1986. Although it appears the applicant changed her state of residence to Texas at the time of her separation, as indicated by the mailing address in item 19 of her DD Form 214, absent any evidence of error or injustice related to the HOR recorded at the time of her enlistment there is an insufficient evidentiary basis to support granting the 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 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) AR20110003117
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ABCMR Record of Proceedings (cont) AR20110003117
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