IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110017060
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record as Texas.
2. The applicant states she changed her home of record and residency while in the service. She contends that she has been a Texas resident since 1989 and has evidence indicating her home of record status.
3. The applicant provides a DD Form 214, personal Federal income tax returns, and a copy of her driver's 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. The applicant enlisted in the Regular Army on 16 September 1982. Her initial DD Form 4 (Enlistment/Reenlistment Document) lists her home of record as Tennessee.
3. She served on active duty through a series of reenlistments without a break in service until she was placed on the Retired List on 1 November 2005.
4. Block 7b (Home of Record at Time of Entry) of her DD Form 214 lists her home of record as Tennessee.
5. Her personal Federal income tax returns and her driver's license indicate she is currently a resident of the State of Texas.
6. 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. It states that the street, city, state, and zip code listed as a Soldier's home of record would be entered in block 7b on the DD Form 214
7. The Joint Federal Travel Regulation (JFTR) defines home of record as the place recorded as the individual's home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. The JFTR also provides that 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 the member change the home of record.
8. Home of record is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier's career.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to show her home of record as Texas has been carefully reviewed.
2. She enlisted in the Regular Army and listed her home of record as Tennessee. She continued her service on active duty without a break in service until she was placed on the Retired list. The JFTR provides that only if a break in service exceeds one full day may the member change the home of record. Therefore, she is not authorized a change to her DD Form 4 to show a different home of record.
3. Based on the foregoing, there is no basis to grant 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) AR20110017060
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ABCMR Record of Proceedings (cont) AR20110017060
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