IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110014597
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) with an address in Ohio instead of Texas.
2. The applicant states he was never a resident of Texas and in fact he was born and raised in Columbus, OH. He contends that while visiting his brother in Texas he signed [an enlistment contract], then went back to Ohio and entered the Army.
3. The applicant provides no additional evidence.
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. Records show on 12 June 1990, the applicant completed a DD Form 1966/1 (Record of Military Processing Armed Forces of the United States). Item 4 (Current Address) and Item 5 (HOR) shows the entry "8xxx S. Course No 1xxx, Houston, Texas 77074."
3. On 20 August 1990, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP). Item 3 (HOR) of his DD Form 4/1 (Enlistment/
Reenlistment Document Armed Forces of the United States) shows the entry "8xxx S. Course No 1xxx, Houston, Texas 77074."
4. On 11 September 1990, he was discharged from the USAR DEP and he enlisted in the Regular Army for a period of 4 years. The DD Form 4/3 shows he enlisted at the U.S. Army Recruiting Battalion in Columbus, OH.
5. Item 45 (Recertification by Applicant and Correction of Data at the Time of Active Duty Entry) of his DD Form 1966/1 corrects Item 4 and Item 5 of the same form to show the entry "2xxxx Grasmore Avenue, Columbus, Franklin, OH 43211."
6. On 18 September 1992, he was discharged from the Army. The
DD Form 214 he was issued at the time shows in:
* Item 7a (Place of Entry into Active Duty) the entry "Columbus, OH"
* Item 7b (HOR) the entry "8xxx S. Course #1xxx, Houston, TX 77074"
* Item 19a (Mailing Address After Separation) the entry "2xxx Grasmore Avenue, Columbus, OH 43211
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214.
8. Chapter 2 of this regulation provides instructions for preparing each item of the DD Form 214 and states for Item 7b, a Soldier's initial enlistment contract or appointment document is the source for HOR data. This regulation further states the "HOR" is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.
9. The JFTR 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 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. It may not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his HOR in Columbus, OH.
2. The evidence of record shows he entered the USAR DEP on 20 August 1990 and his HOR was listed as Houston, TX; however, he subsequently entered active duty on 12 September 1990 in Columbus, OH and his contract was corrected to show his HOR as Columbus, OH.
3. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting from Item 7b of his DD Form 214 the current entry and replacing it with the entry as shown in Item 19a of his DD Form 214.
____________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) AR20110014597
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ABCMR Record of Proceedings (cont) AR20110014597
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