IN THE CASE OF:	  

		BOARD DATE:	15 March 2012

		DOCKET NUMBER:  AR20110019095


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) as "San Antonio, TX."

2.  The applicant states:

* she was stationed in Germany at the time of her retirement
* she took her transition leave in San Antonio, TX
* she was told she could have her HOR changed upon retirement
* during her retirement outprocessing, while reviewing her DD Form 214, she did not yet have a permanent stateside address
* she was told she could have her DD Form 214 corrected once she established a permanent address
* her temporary address was at Fort Sam Houston, TX
* she later established a permanent residence in San Antonio, TX, which she now wants reflected on her DD Form 214

3.  The applicant provides:

* DD Form 214
* Orders 213-04 and 213-05, Installation Management Command – Europe, Vilseck, Germany, dated 31 July 2008
* Defense Finance and Accounting Service – Cleveland (DFAS-CL) Form 7220/148 (Retiree Account Statement), dated 25 August 2010

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 enlisted in the Regular Army 10 August 1988.  

* Item 3 (HOR) of her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) contains the entry "XXXX 18th Street South, St. Petersburg, FL 33705
* Item 4 (Place of Enlistment/Reenlistment) of her DD Form 4 contains the entry "Tampa Military Entrance Processing Station (MEPS), St. Petersburg, FL."  

3.  She completed training and was awarded military occupational specialty 42A (Human Resources Specialist).  

4.  On 30 November 2008, she was honorably retired from the Army at the completion of over 20 years of continuous active duty.  The DD Form 214 she was issued shows she completed 20 years, 3 months, and 21 days of net active service during this period of active duty.  The highest rank/grade she attained during her period of military service was sergeant first class/E-7.  

* Item 7a (Place of Entry into Active Duty) contains the entry "St. Petersburg, FL"
* Item 7b (HOR at Time of Entry) contains the entry "XXXX 18th Street South, St. Petersburg, FL 33701"
* Item 19a (Mailing Address after Separation) contains the entry "XXXX W. Hardee Rd, Fort Sam Houston, TX 78234"

5.  She provides transition orders that show her HOR as "St. Petersburg, FL," retirement orders, and a Retiree Account Statement, dated 25 August 2010, that shows her current address as "XXXX Spearwood, Live Oak, TX 78233."  

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 establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

   a. Paragraph 2-4h(7) states that Item 7a of the DD Form 214 documents the city, state, and zip code where the Soldier entered active duty, and Item 7b documents the Soldier's HOR.  A Soldier's HOR is defined as their HOR at the time of their commissioning, appointment, or enlistment, or upon being ordered to a tour of active duty, and it cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulation, Volume 1, Appendix A, Part I).  HOR is not always the same as the legal domicile, as defined for income tax purposes.  A Soldier's legal domicile may change during their career.

   b. Paragraph 2-4h(19) states that Item 19 of the DD Form 214 documents the Soldier's mailing address after separation and the address of their nearest living relative.  It states that this information is provided by the Soldier, and provided addresses must be permanent.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DD Form 214 to show her HOR as "San Antonio, TX" was carefully considered, but was determined to be without merit.  

2.  Army Regulation 635-5 defines a Soldier's HOR as the HOR they maintained at the time of commissioning, appointment, enlistment, or upon being ordered to a tour of active duty.  Her enlistment contract confirms her HOR, at the time of her enlistment, was St. Petersburg, FL; therefore, it appears her HOR was accurately reflected on her DD Form 214 and there is no basis to change item 7b.

3.  The applicant contends the information she provided on her DD Form 214, in item 19a, was temporary, and she was told her DD Form 214 could later be corrected to reflect her permanent address after her retirement.  She did not provide a reason for requesting this change; however, the ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's mailing address was correct at the time and there is an insufficient evidentiary basis for changing it.  Therefore, she is not entitled to 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 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)                                         AR20100022014



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ABCMR Record of Proceedings (cont)                                         AR20110019095



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