IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110014472 


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 show his home of record (HOR) as "Lewisville, TX 75067" instead of "Cool, CA 95614." 

2.  The applicant states he entered military service in Oakland, CA.  He was recruited by a family friend who lived in CA; but, he was living in TX with his fiancé at the time.  His parents' address is listed as his HOR because he was young at the time and his father helped him with filling out his enlistment papers.  His son is now attending college in TX and he would qualify for educational benefits if the HOR is changed from CA to TX.   

3.  The applicant provides a copy of his TX driver license and a certificate placing his son on the Dean's List at his college. 

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.  In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398-2 (Authority to Release Information and Records – National Agency Questionnaire) on 5 January 1994 and he listed his home address as "Cool, CA 95614."

3.  He underwent an enlistment physical at the Oakland MEPS on 18 January 1994 and he listed his home address as "Cool, CA 95614." 

4.  He enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) On 18 January 1994.  Item 3 (HOR) of his DD Form 4 (Enlistment/
Reenlistment Document) shows the entry "Cool, CA 95614" and item 4 (Place of Enlistment/Reenlistment) shows the entry "Oakland MEPS [Military Entrance Processing Station], CA."

5.  He completed a DD Form 1966/2 (Record of Military Processing-Armed Forces of United States) and he indicated that he attended high school in garden valley, CA, from September 1988 to June 1992 and college in Rocklin, CA, from September 1992 to the time of his enlistment. 

6.  He was discharged from the DEP on 21 June 1992 and enlisted in the RA on 22 June 1994.  He completed basic combat and advanced individual training and was awarded military occupational specialty 31F (MSE Network Switch Systems Operator/Maintainer).

7.  He was honorably discharged from active duty on 7 June 1996.  The DD Form 214 he was issued shows the following entries:

* Item 7a (Place of Entry Into Active Duty) - "Oakland, CA"
* Item 7b (HOR at Time of Entry) – "Cool, CA 95614"
* Item 8b (Station Where Separated) - "Fort Hood, TX 7655"
* item 19 (Mailing Address After Separation) - "4____ A____ Lane, Lewisville, TX 75067"

8.  He provided a copy of his State driver license that shows his address in Lewisville, TX, and certificate placing his son on the Dean's List at his college in TX.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the policies and procedures for the preparation of enlistment contracts.  It states, in pertinent part, that the HOR address entered on the enlistment contract will be the address declared by the applicant to be their permanent home or actual home at the time of enlistment.  A temporary address will not be entered.  

10.  The Joint Federal Travel Regulation (JFTR) provides, in pertinent part, 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his HOR should be changed to show Lewisville, TX was carefully considered.  However, there is insufficient evidence to support this claim.

2.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service.  Any correction to a HOR must be based on evidence that a bona fide error was made.  

3.  In this case, the evidence of record contains AN enlistment contract authenticated by the applicant at the time of his initial entry into the Army in 1994. This official document confirms he attended high school and college in CA prior to his enlistment at the Oakland MEPS.  He stated his address was Cool, CA.  Nowhere in his enlistment contract or allied documents is any reference made to Lewisville, TX.

4.  The applicant's son's academic achievements are noted.  However, the ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  As a result, absent any error being made in the HOR recorded at the time of his entry into service or at the time of his last enlistment, there is an insufficient evidentiary basis to support granting 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)                                         AR20110014472





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ABCMR Record of Proceedings (cont)                                         AR20110014472



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