IN THE CASE OF:	  

		BOARD DATE:	  28 February 2012

		DOCKET NUMBER:  AR20110017089 


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 Wilmington, OH.

2.  The applicant states his HOR should be the same address as shown in item 19a (Mailing Address after Separation) of his DD Form 214.

3.  The applicant provides:

	a.  a statement from his brother, dated 15 August 2011;

	b.  a letter from the Ohio Department of Veterans Services, dated 16 May 2011;

	c.  a Veterans Bonus Program - On-line Application Confirmation, dated
25 May 2011; and

	d.  a letter from the National Personnel Records Center (NPRC), dated 
8 December 2010, with the following enclosures:

* DD Form 214 for the period ending 25 October 1991
* Orders D-01-511482, issued by the U.S. Army Reserve (USAR) Personnel Command, St, Louis, dated 31 January 1995


* DA Form 1059 (Academic Evaluation Report), dated 15 July 1992
* DA Form 1695 (Oath of Extension of Enlistment), dated 12 March 1990
* DA Form 1811 (Physical Data and Aptitude Test Scores Upon Release from Active Duty), dated 25 October 1991
* DARP Form 249-2-E (Chronological Statement of Retirement Points), dated 7 March 1992
* DD Form 4 (Enlistment/Reenlistment Document), dated 8 December 1986
* DA Form 2-1 (Personnel Qualification Record -Part II), 2 of 4 pages Standard Form (SF) 88 (Report of Medical Examination), dated
2 November 1986
* SF 93 (Report of Medical History), dated 12 November 1986
* Dental Record (five pages)
* Health Record (four pages including his immunization record)
* SF 88, dated 18 September 1991
* SF 93, dated 18 September 1991

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.  The applicant's SF 88 and SF 93, both dated 12 November 1986 and filed in his military record, show he listed his home address as Knob Noster, MO.

3.  The DD Form 4 filed in the applicant's record shows he enlisted in the USAR Delayed Entry Program (DEP) on 8 December 1986 for a period of 8 years.
Item 3 of this form shows his HOR as Knob Noster, MO.  He was discharged from the USAR DEP on 26 January 1987 and on 27 January 1987 he enlisted in the Regular Army for a period of 4 years.

4.  On 25 October 1991, the applicant was honorably released from active duty at the expiration of his term of service and he was transferred to a USAR unit in Belton, MO to complete his remaining reserve obligation.  The DD Form 214 he was issued at the time shows in:

	a.  item 7b (HOR) the entry Knob Noster, MO; and

	b.  item 19a, the entry Wilmington, OH.

5.  Orders D-01-511482, dated 31 January 1995, show he was honorably discharged from the USAR effective that same date.  His address on this order shows an address in Warrensburg, MO.

6.  The applicant provides a letter written by his brother, dated 15 August 2011, wherein he states that the applicant was a resident of Ohio when he visited him in November 1986.  The author further states that he was stationed at Whiteman Air Force Base near Knob Noster at the time, when the applicant enlisted in the U.S. Army.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.

	a.  It states a Soldier’s initial enlistment contract or appointment document is the source for the “HOR” entry in item 7b of the DD Form 214.  It further states, “Enter the street, city, state and ZIP code listed as a Soldier’s HOR.”  “HOR” is the place recorded as the HOR of a Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least 1 full day.  The HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier’s career.

	b.  It also states the Soldier will provide his/her mailing address after separation.  This information is to be entered in item 19a of the DD Form 214.  It must be a permanent address.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his HOR as Wilmington, OH.

2.  The applicant's DD Form 4 shows the applicant provided Knob Noster, MO as his HOR at the time of his enlistment in the USAR on 8 December 1986.  Furthermore, he referred to this same location as his HOR when completing his initial SFs 88 and 93.

3.  The evidence shows the applicant considered his home to be in Missouri at the time of his enlistment rather than his previous address in Ohio.  Accordingly, there is no error or injustice.

4.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20110017089



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ABCMR Record of Proceedings (cont)                                         AR20110017089



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