IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005841
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) ending 28 June 1990 to show San Antonio, TX as his home of record (HOR).
2. The applicant states he changed his HOR while in the Army, but the change is not reflected on this DD Form 214.
3. The applicant provides his DD Form 214 and Headquarters, Fort Sam Houston Orders 98-125, dated 18 May 1984.
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 applicants 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 applicants 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 military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 20 March 1975. He was discharged from the USAR DEP on 19 May 1975.
3. On 20 May 1975, enlisted in the Regular Army (RA) and his DD Form 4 (Enlistment Contract) shows his HOR as "TRAMO PULANG-LUPA LAS RIZAL PHILIPPINES."
4. On 28 November 1977 and 28 August 1981 he reenlisted for periods of 4 and 3 years respectively. His DD Forms 4 for these reenlistments show his HOR as the Philippines.
5. On 29 May 1984, he reenlisted for a period of 6 years. The DD Form 4 for this reenlistment shows his HOR as San Antonio, TX.
6. Headquarters, Fort Sam Houston Orders 98-125, dated 18 May 1984, show he reenlisted on 29 May 1984 and his HOR is shown as Laspinas Greater Manila, Philippines prior to reenlistment and San Antonio, TX upon reenlistment.
7. On 28 June 1990, he was honorably discharged duty due to expiration term of service. His DD Form 214, Item 7b (HOR), shows "TRANO PULANG LUPA LAS PINAS RIZAL PHILIPPINES."
8. Army Regulation 601-280 (Total Army Reenlistment Program), in effect at the time, provided that the HOR was the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a relevant tour of active duty. The place recorded as the HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day. Only if a break in service exceeds one full day can the HOR be changed by the member.
9. Volume 1, Appendix A, Part 1 of the Joint Federal Travel Regulation defines HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a relevant tour of active duty. The place recorded as the HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day. Only if a break in service exceeds one full day can the HOR be changed by the member.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation, then in effect, prescribed entry of the street, city, state, and zip code the Soldier claims as a permanent HOR in item 7b. It further states the HOR is shown on an enlisted Soldier's service contract.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show when he initially entered the RA he listed his HOR as the Philippines and his records continued to show the Philippines as his HOR until his reenlistment in 1984. His DD Form 4, dated 29 May 1984, and reenlistment orders, dated 18 May 1984, both show his HOR as San Antonio, TX.
2. Army Regulation 601-280, in effect at the time, provided that a Soldier's HOR remained the same as the HOR at the time of the initial enlistment except when the Soldier has a break in service of more than 1 full day. The available evidence indicates the applicant's active service was continuous. As such, he was not authorized to change his HOR.
3. It appears San Antonio, TX was entered on the applicant's enlistment contract and orders in error in 1984. His DD Form 214, dated 28 June 1990, reflects his correct HOR. There is no basis for changing a properly-constituted DD Form 214.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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.
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