IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110003964 


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 item 8b (Station Where Separated) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his address at the time of his deployment.

2.  The applicant states he moved from Georgia to Ohio in September 2001.  He was placed in the U.S. Army Reserve (USAR) Individual Ready Reserve at that time and was never assigned to a unit.  He needs his station to state his address in 2005 at the time of his deployment for entitlement to a Department of Veterans Affairs bonus program.

3.  The applicant provides a copy of his DD Form 214, Internal Revenue Service (IRS) Form W-2 (2005 Wage and Tax Statement), and IRS Form 1040 (2005 U.S. Individual Income Tax Return).

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, and 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 records contain a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) that shows:

* in item 3 (Home of Record (HOR)) – Covington, Georgia
* date of enlistment/reenlistment in the USAR as 10 October 2000
* enlistment period as 8 years

3.  On 10 August 2004, the applicant was ordered to report to active duty from the USAR not later than 17 September 2004 for partial mobilization in support of Operation Iraqi Freedom under Presidential Executive Order, dated 14 September 2001.  The mobilization orders show his address as Lancaster, Ohio, at the time of his order to active duty.  These mobilization orders were amended multiple times; however, all amendment orders consistently show his address as Lancaster, Ohio.

4.  The applicant's DD Form 214 shows he was ordered to active duty from the USAR in support of Operation Iraqi Freedom on 17 April 2005.  He was released from active duty on 6 January 2006 upon completion of required active service.  His rank at the time of separation from active duty was specialist/E-4.  He completed 8 months and 20 days of net active service during this period.

5.  The applicant's DD Form 214 also shows:

* in item 7a (Place of Entry into Active Service) – Lancaster, Pennsylvania
* in item 7b (HOR at Time of Entry) – Covington, Georgia
* in item 8b – Fort Dix, New Jersey

6.  The applicant provides copies of his 2005 Wage and Tax Statement and 2005 U.S. Individual Income Tax Return which show his address as Sunbury, Ohio.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.

	a.  For item 8b, enter the location where the Soldier is transitioning, include state or country.

	b.  For item 7b, enter the street, city, state, and zip code listed as the Soldier's HOR.  HOR is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulation (JFTR), volume I, appendix A, part I).  HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier's career.

8.  The 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 in 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.  It may not be a place selected for the convenience of the Soldier.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his address as Ohio was carefully considered and appears to have merit.

2.  A Soldier's initial enlistment contract is the source for HOR data.  The HOR is the place recorded as the HOR of the Soldier when he or she enlists.  The HOR cannot be changed unless there is a break in service of at least 1 full day in accordance with the JFTR.  The JFTR provides that the HOR must be the actual home of the individual at the time of entry into the relevant period of service.

3.  The applicant's mobilization orders clearly show his address as Lancaster, Ohio, at the time of his order to active duty.  Therefore, the applicant is entitled to correction of his DD Form 214 to show his HOR as Lancaster, Ohio.

4.  It appears the applicant was released from active duty at Fort Dix, New Jersey.  Army Regulation 635-5 states to enter the location where the Soldier is transitioning as the station where separated.  As there appears to be no error, the applicant is not entitled to correction of item 8b of his DD Form 214.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  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 HOR as Lancaster, Ohio.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 8b of his DD Form 214.



      _____________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)                                         AR20110003964



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ABCMR Record of Proceedings (cont)                                         AR20110003964



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