IN THE CASE OF:	  

		BOARD DATE:	  20 February 2011

		DOCKET NUMBER:  AR20110013093 


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 that his home of record (HOR) on his DD Form 214 (Certificate of Release of Discharge from Active Duty) be changed to Texas.

2.  The applicant states his HOR on his pay vouchers has shown a Texas address since 1968.  He did not notice that his HOR had not been changed and needs to have it corrected in order to obtain college benefits for his son. 

3.  The applicant provides copies of a Texas Home Improvement Eligibility letter and two Leave and Earnings Statements (LES). 

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 initially enlisted in the Regular Army on 31 July 1965 with a HOR of Roanoke Rapids, North Carolina.  

3.  His HOR is shown as Roanoke Rapids, North Carolina on his reenlistment contracts of 2 August 1968 and 20 June 1974.

4.  His 25 March 1977 and 28 December 1982 enlistment contracts show his HOR as Temple, Texas.  

5.  The 21 September 1988 enlistment contract reverted to a HOR in Roanoke Rapids, North Carolina.

6.  The applicant's request for retirement on 22 June 1989 shows a retirement address in Colorado but does not include a place for showing a HOR.

7.  The applicant's DA Form 4240 (Data for Payment of Retired Personnel) shows his HOR as Temple, Texas.

8.  The applicant retired on 31 January 1990 with 24 years and 6 months of active duty service.  The only available DD Form 214 covers the period from 25 March 1977 through 31 January 1990.  It shows at item 7b (Home of Record) Roanoke Rapids, North Carolina.

9.  The applicant's LES's show a legal residence of Texas.

10.  At the time of the applicant's 1977 reenlistment, Public Law 94-455 allowed service members to declare a state of legal residence and HOR declarations on a DD Form 2058.  The law stated that enlisted members could change their HOR at the time they signed a new enlistment contract.  Officers were not permitted to change their HOR unless there was an error in the original entry or if they had a break of service of one day or more.

11.  With the December 1978 implementation of changes to Army Regulation 635-5 (Separation Documents), a DD Form 214 was to be issued only if there was a break in service.  Included in the revised regulations, the provisions for change of a HOR for enlisted personnel and officers were made uniform.  

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states the HOR at the time of entry is based on the initial enlistment contract or any approved change by the Army Enlisted Records and Evaluation Center.
13.  The Joint Federal Travel Regulations states the place recorded as the individual’s home when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted or inducted or ordered into the 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 may service members change their HOR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's LES's show a legal residence for tax purposes, not a listing of his home of record.

2.  Prior to the applicant's 25 March 1977 reenlistment, regulations allowed Soldiers to change their HOR at the time of each reenlistment.

3.  While the applicant's initial enlistment contract listed a HOR in North Carolina, he elected to change this at the time of his first reenlistment and confirmed this HOR at the time of his second reenlistment in 1977.

4.  Why there was a 1988 change in his HOR is not documented.  It is probable that it was a simple administrative mistake in the preparation of the reenlistment document for a career Soldier.

5.  With the 1978 changes in law and regulations the applicant would no longer have been authorized to change his HOR.  Any changes to his HOR after this point would not have been legally authorized since he did not have a break in service of one or more days, thereby making his 25 March 1977 enlistment contract declaration of a HOR of Temple, Texas as his official HOR.

6.  Therefore, his official HOR should have been Temple, Texas as noted on his 25 March 1977 enlistment contract, and item 7b on his last DD Form 214 should be corrected to show this HOR.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting block 7b on the 31 January 1991 DD Form 214 to Temple, Texas.



      _______ _   _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)                                         AR20110013093





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ABCMR Record of Proceedings (cont)                                         AR20110013093



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