IN THE CASE OF:	  

		BOARD DATE:	 20 September 2011 

		DOCKET NUMBER:  AR20110005121 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

* Item 7b (Home of Record (HOR) at Time of Entry) the entry "xxxx W. xxth Street, Cleveland, Ohio 44102" instead of "xxx Cloverhill Road, Dayton, Virginia  22821"
* Item 12d (Total Prior Active Service) the entry "0003  00  05" to indicate he had 3 years and 5 days of total prior active service
* Item 19a (Mailing Address After Separation) the entry "xxxx W. xxth Street, Cleveland, Ohio  44102" instead of "xxx Cloverhill Road, Dayton, Virginia 22821"

2.  He states he did not reside in Virginia when he entered military service and his driver license is proof.

3.  He provides his Ohio Driver License and DD Form 214 for the period ending 10 July 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.  The applicant's record contains a DD Form 214 for the period ending
4 November 1993.  This document shows he enlisted in the Regular Army on
30 October 1990 for a period of 3 years.  Item 7b of this document shows the entry “Cleveland, OH.”  Item 12c (Net Active Service this Period) shows he completed 3 years and 5 days of active service this period.

3.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 1 June 2004, shows he enlisted in the Pennsylvania Army National Guard (PAARNG) on 1 June 2004 for a period of 6 years.  This form also shows in:

* Item 3 (HOR) the entry "xxx Division St., Jeannette, PA  15644"
* Item 4 (Place of Enlistment/Reenlistment) the entry "Co B, 1/110th Inf (M) Bn, Greensburg, PA 15601"
* Item 5 (Date of Enlistment/Reenlistment) the entry "1 June 2004"
* Item 13b (Signature of Enlistee/Reenlistee) the applicant’s signature

4.  His DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States), dated 1 June 2004, shows in item 4 (HOR) the entry “xxx Division Street, Jeannette, Westmoreland County, PA, USA, 15644.”

5.  He provided a copy of his Ohio Driver License, issued on 4 May 2006.  His driver license lists his address as “xxx West xxth Street, Cleveland, OH  44102.”

6.  On 10 July 2006, he was honorably released from active duty (REFRAD) at the Camp Shelby, MS demobilization site and he was transferred to the PAARNG.  The DD Form 214 he was issued at the time shows in:

* Item 7b the entry "xxx Cloverhill Road, Dayton, Virginia 22821
* Item 12d the entry "0000  00  00"
* Item 19a the entry "xxx Cloverhill Road., Dayton, Virginia  22821
* Item 21 (Signature of Member Being Separated) the applicant’s signature

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.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted Record Brief (ERB), or any other document authorized for filing in the Official Military Personnel File (OMPF).  Chapter 2 of this regulation provides instructions for preparing each item of the DD Form 214 and states:

	a.  for Item 7b, enter the street, city, state and ZIP code listed as a Soldier’s HOR.  “Home of Record” is the place recorded as the HOR 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 in accordance with the Joint Federal Travel Regulation (JFTR), Volume 1,
Appendix A, Part I.  Home of record is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier’s career.

	b.  for Item 12d, enter the total amount of prior active service taken from any previously issued DD Forms 214.

	c.  Item 19a will reflect a permanent address for mailing purposes and would serve as a basis for contacting a Soldier within a short time after separation if necessary.  It also stated that item 19b (Nearest Relative) should reflect the name and address of a relative who would know the Soldier’s location and address.  Neither address was intended to be changed or updated each time the individual or family member relocated following a Soldier’s separation.

	d.  a Soldier's initial enlistment contract or appointment document is the source for HOR data.  This regulation further states that "HOR" is the place recorded as the HOR 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.  HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile (residence) may change at any time during a Soldier's career.

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

9.  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 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.  It may not be a place selected for the convenience of the Soldier.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a total of 3 years and 5 days in the RA and he was discharged on 4 November 1993.  Therefore, item 12d of his DD Form 214 for the period ending 10 July 2006 should be corrected to accurately reflect his period of prior active service.

2.  The applicant's contentions that his HOR at the time of entry on active duty for the period beginning 17 February 2005 should reflect “xxxx West xxth Street, Cleveland, Ohio  44102” has been carefully considered.

3.  While his DD Form 214 for the period ending 4 November 1993 shows his HOR as "Cleveland, OH," he had a break in service of nearly 11 years.  At the time he reentered military service as shown on his 1 June 2004 enlistment contract, he entered his HOR as “xxx Division Street, Jeannette, PA  15644.”

4.  According to the applicable Army regulation, the DD Form 214 will be prepared using the PQR, ERB, or any other document authorized for filing in the OMPF.  It is unclear where the “xxx Cloverhill Road, Dayton, Virginia  22821” address listed in item 7b of his DD Form 214 came from, as this address is not listed anywhere in his enlistment contracts or his OMPF.  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.

5.  If the Board was to correct his DD Form 214 for the period ending 10 July 2006 to show his HOR at the time of entry this period, item 7b would be corrected to show “xxx Division Street., Jeannette, Pennsylvania  15644,” as declared by the applicant on his enlistment contract and verified by his signature.  Therefore, there is an insufficient basis for granting this portion of his request.

6.  He now considers the address in item 19a of his DD Form 214 for the period ending 10 July 2006 to be incorrect; however, it is believed that he provided this information at the time of his REFRAD.  Item 19a of the DD Form 214 was not intended to be updated each time a former Soldier changed addresses or relocated in the years following his/her separation from active duty.  The address has served the intended purpose; therefore, no error or injustice exists.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 deleting from item 12d of his DD Form 214 for the period ending 10 July 2006 the entry "0000  00  00" and replacing it with the entry “0003  00  05."

2.  The Board further determined that 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 items 7b and 19a of his DD Form 214 for the period ending 10 July 2006 to show the entry
“xxxx W. xxth Street, Cleveland, Ohio 44102.”



      ___________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)                                         AR20110005121



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ABCMR Record of Proceedings (cont)                                         AR20110005121



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