IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013663
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) to change his home of record (HOR) from Michigan to Alabama.
2. The applicant states Alabama has always been his home.
3. The applicant provides a memorandum from the Department of Veterans Affairs, DA Form 348 (Equipment Operators Qualification Record), and a physical fitness inquiry for motor vehicle operators.
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 enlisted in the Regular Army on 1 March 1984. He completed basic combat and advanced individual training and was awarded the military occupational specialty 52D (Power Generation Equipment Repairer). The highest rank he attained while on active duty was sergeant/E-5.
3. The applicant's military records contain three enlistment contracts. These contracts list his HOR as follows:
a. the first contract, dated 1 March 1984, lists his HOR as Uniondale, NY;
b. the second contract, dated 12 June 1987, lists his HOR as Detroit, MI; and
c. the third contract, dated 4 May 1990, lists his HOR as Detroit, MI
4. There is no record of Alabama ever being listed as his HOR.
5. He was honorably discharged on 19 April 1991. His DD Form 214 listed his HOR as Detroit, MI.
6. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides the policies and procedures for the preparation of enlistment contracts. It states 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.
7. The Joint Federal Travel Regulation provides that the home of 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 time of entry into the military service. However, there is authority to correct a 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.
8. Army Regulation 635-5 (Separation Documents), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. This regulation provides that the place the Soldier entered active duty was to be entered in
item 7a and item 7b contains the place of enlistment, commission, appointment,
or ordered to a tour of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 to show his HOR record as Alabama was carefully considered and determined to lack merit.
2. The military HOR and the applicant's current mailing address are not the same. The HOR is the city and state the applicant claimed as a legal residence on his enlistment contract upon his initial enlistment.
3. The applicant's records contain three enlistment contracts. The first one lists his HOR as Uniondale, NY. The second and third enlistment contracts list the HOR as Detroit, MI.
4. Based on the forgoing, the applicant's requested relief should be denied.
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) AR20110013663
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ABCMR Record of Proceedings (cont) AR20110013663
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