IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110020273
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 records to show his home of record (HOR) as Texas.
2. The applicant states:
a. he made a request to change his HOR to Texas at the time of his reenlistment in Germany in 1981,
b. he recently noticed his HOR was never changed while applying for educational benefits for his children,
c. he is a totally service-connected disabled veteran who has lived in Texas since his discharge from 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 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 official military personnel file (OMPF) includes a DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) completed during his initial enlistment process. Item 5 (HOR) contains the entry "Sewell, New Jersey."
3. On 12 September 1978, he enlisted in the Regular Army and he was discharged for the purpose of immediate reenlistment on 13 April 1981.
4. On 14 April 1981, the applicant reenlisted in the Regular Army for a period of 4 years. The DD Form 4 completed at that time contains the entry "Sewell, NJ" in item 5.
5. The applicant's DA Form 2-1 (Personnel Qualification Record) shows his HOR was identified as Sewell, New Jersey, in item 25 (HOR). He last reviewed this document and confirmed the information thereon was correct on 8 July 1981.
6. On 2 May 1983, the applicant was discharged from active duty. The DD Form 214 issued at that time shows he completed 4 years, 7 months, and 21 days of creditable active duty service. The applicant authenticated this document with his signature in item 21 (Signature of Member Being Separated).
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides for the place of entry and HOR at the time of entry on active duty. The source document for this information is the appointment document or the order to active duty that records the HOR. This cannot be changed unless there is a break in service of at least 1 full day.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show his HOR as Texas.
2. The evidence of record confirms the applicant's HOR was identified as "Sewell, New Jersey" at the time of his initial enlistment and during his reenlistment processing as shown on the two DD Forms 4 contained in his OMPF. Accordingly, his HOR is correctly documented throughout his military record and there is no basis upon which 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 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) AR20110020273
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ABCMR Record of Proceedings (cont) AR20110020273
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