IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110014490
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 military records to show his Home of Record (HOR) as Texas.
2. The applicant states he originally entered active service from West Virginia but while serving at his duty station in Texas he married and became a Texas resident. He states when he was clearing for separation he requested his HOR be changed to Texas and had his goods shipped there. He indicates he has resided in Texas ever since his separation.
3. The applicant provides:
* documents confirming the advanced return of his dependents from overseas to Texas
* his Texas Voter Registration Certificate
* his Texas Driver License
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. On 11 September 1998, the applicant last reenlisted in the Regular Army for
4 years. The DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), prepared for this reenlistment lists in item 3 (HOR) an address in Marmet, WV. Item 4 (Place of Enlistment/Reenlistment) shows he entered military service for this period at Kitzingen, Germany.
3. The applicant's official military personnel file (OMPF) is void of enlistment/
reenlistment contracts or other documents showing he ever declared Texas as his HOR.
4. The record shows the applicant was discharged on 20 June 2000. Item 7b (HOR at Time of Entry) of the DD Form 214 he was issued at the time lists an HOR address in Marmet, WV.
5. The applicant provides a Texas Voter Registration Certificate issued on
12 May 2010 and Driver License issued on 13 April 2010 in support of his application.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the policies and procedures for the preparation of enlistment/ reenlistment contracts. It states the HOR address entered on the enlistment/
reenlistment contract will be the address declared by the applicant to be his/her permanent home or actual home at the time of enlistment/reenlistment. A temporary address will not be entered.
7. The Joint Federal Travel Regulation provides 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 the time of entry into the military service. However, there is authority to correct an 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 Texas because he changed it before he was separated has been carefully considered. However, the evidence of record and independent evidence provided by the applicant is not sufficient to support his claim.
2. By law and regulation, the HOR is the place recorded as the home of the individual at the time of 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 an HOR must be based on evidence that a bona fide error was made.
3. The evidence of record contains an enlistment contract that was completed and authenticated by the applicant at the time of his reenlistment in 1998. Although it appears the applicant changed his state of residence to Texas at the time of his separation, there is no indication he attempted to do so when he reenlisted in 1998. Further, the Certificate and License he provides were both issued in 2010, more than 12 years after his 1998 reenlistment. Absent any evidence the HOR entered on his DD Form 4 in 1998 was in error, there is an insufficient evidentiary basis to support granting the requested relief.
4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20110014490
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110014490
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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