IN THE CASE OF:	  

		BOARD DATE:  26 April 2012

		DOCKET NUMBER:  AR20110021538 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as Texas instead of West Virginia.

2.  The applicant states he entered the Army in West Virginia but his address then was in Texas.  He states he lives in Texas and has lived there since 1964.  He only entered the Army in West Virginia while there on a visit.

3.  The applicant provides no documentary evidence in support of his application; however, he does refer to his permanent change of station orders in his record showing his residence as Texas.

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 initially enlisted in the Regular Army (RA) on 8 November 1971.  Block 41 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) contained in his record lists his HOR as "Nellis, West Virginia."  The record also contains a DD Form 4 documenting the applicant’s 14 August 1973 reenlistment in the RA.  Block 41 of this document also lists his HOR as "Nellis, West Virginia."  The applicant authenticated both of these enlistment documents with his signature.

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record) that he last reviewed on 7 February 1979 lists his HOR as "Nellis, West Virginia" in block 25 (Home of Record/Address).

4.  On 13 August 1979, he was honorably discharged at the completion of required service.  He completed 7 years, 9 months, and 6 days of total active service.  Block 8c (HOR at Time of Entry into Active Service) of the DD Form 214 he was issued at the time shows the entry "Nellis, West Virginia."

5.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the policies and procedures for the preparation of enlistment/ reenlistment contracts.  It states the HOR address entered on the enlistment/
reenlistment contract will be the address declared by the applicant to be his/her permanent home or actual home at the time of enlistment/reenlistment.  A temporary address will not be entered.

6.  The Joint Federal Travel Regulation 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 the 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.

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 also establishes standardized policy for preparing and distributing DD Form 214.  The instructions for preparation of the DD Form 214 in the version of the regulation in effect at the time of the applicant’s discharge from the RA in 1978 stated to entry the city and state from which member last entered on active duty from civilian life.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change his HOR to Texas has been carefully considered.  However, by regulation, the HOR entered on the DD Form 4 will be the address declared by the applicant to be his/her permanent home or actual home at the time of enlistment/reenlistment.  A temporary address will not be entered.  The HOR is the place recorded as the home of the individual at the time of enlistment or induction.  Any correction to an HOR must be based on evidence that a bona fide error was made.

2.  The evidence of record contains enlistment documents completed and authenticated by the applicant at the time of his initial enlistment in 1971 and reenlistment in 1973.  It is clear the applicant declared West Virginia as his HOR during both his initial enlistment and reenlistment and there is no indication it was his intention to declare Texas as his HOR at either time.  Absent any evidence the HOR entered on his 1971 and 1973 DD Forms 4 was in error, there is an insufficient evidentiary basis to support granting 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)                                         AR20110021538



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ABCMR Record of Proceedings (cont)                                         AR20110021538



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