IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110011720
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 record to show his home of record (HOR) is Ohio instead of California.
2. The applicant states he enlisted in the Army while he was on vacation in California; however he lived with his dad and grandmother in Akron, Ohio.
3. The applicant provides copies of his:
* Ohio Driver's License
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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 official military personnel file (OMPF) includes the
DD Form 1966/1 (Application for Enlistment-Armed Forces of the United States) completed during his initial enlistment process. Item 4 (HOR) contains an address located in Lemoore (Kings County), California.
3. The applicant's OMPF contains a DD Form 369 (Police Record Check) that was prepared during the applicant's enlistment processing. This form includes a statement, dated 26 December 1984, prepared by the recruiting official wherein he indicates the applicant claimed he had resided at the "Lemoore, California" address from July 1984 to the present.
4. On 17 January 1985, the applicant enlisted in the Delayed Entry/Enlistment Program. On 29 January 1985, he was separated and enlisted in the Regular Army and continued to serve through several periods of reenlistment. His OMPF contains five DD Forms 4 (Enlistment/Reenlistment Document) which all list the same "Lemoore, California" address in item 3 (HOR). These documents also show he enlisted or reenlisted on the following dates:
* 29 January 1985
* 21 December 1987
* 29 May 1992
* 15 November 1993
* 31 October 1994
5. On 26 October 1996, the applicant was honorably discharged from active military service due to disability with severance pay. The DD Form 214 issued at that time includes the entry Lemoore, CA in Item 7b (HOR). The applicant authenticated this document with his signature in item 21 (Signature of Member Being Separated).
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. Item 7b will contain the Street, City, State, and Zip Code listed as the Soldier's HOR when the Soldier was commissioned, appointed, enlisted, or ordered to a tour of active duty, which could not be changed unless there was a break in service of at least 1 full day.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show his HOR is Akron, Ohio.
2. The evidence of record confirms the applicant's HOR was identified as "Lemoore, California" at the time of his initial enlistment and during his four periods of reenlistment as shown on his DD Form 1966/1, DD Form 369, and the subsequent DD Forms 4 documenting his reenlistments. Item 7b of his DD Form 214 also shows the same "Lemoore, California" address. Accordingly, his HOR is correctly documented throughout his military record and there is no basis upon which to grant 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 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.
ABCMR Record of Proceedings (cont) AR20110011720
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ABCMR Record of Proceedings (cont) AR20110011720
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