IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110023456
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his:
* social security number (SSN) as "XXX-XX-XX2X" instead of
"XXX-XX-XX3X"
* home of record (HOR) as XXXX Gxxxxxx Street, Johnstown, PA
2. The applicant states, in effect, the SSN and HOR listed on his DD Form 214 are incorrect.
3. The applicant provides his DD Form 214.
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 (RA) on 13 April 1970. He completed a DD Form 398 (Statement of Personal History) in connection with this enlistment wherein he listed his SSN as "XXX-XX-XX2X" and his permanent address as "Johnston, PA."
3. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his SSN as "XXX-XX-XX2X."
4. He completed training and was awarded military occupational specialty 11B (Infantryman).
5. He was honorably released from active duty on 27 October 1971. His
DD Form 214 shows the following entries:
* Item 3 (SSN) - "XXX-XX-XX3X"
* Item 20 (Place of Entry Into Current Active Service) - "Johnston, PA"
6. Army Regulation 601-210 (RA and Army Reserve Enlistment Program) provides the policies and procedures for the preparation of enlistment contracts. It states the HOR address entered on the enlistment contract will be the address declared by the applicant to be his or her permanent home or actual home at the time of enlistment. A temporary address will not be entered.
7. The Joint Federal Travel Regulation provides that the home of 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 time of entry into the military service. However, there is authority to correct a 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. It may not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he enlisted under the SSN of "XXX-XX-XX2X" listed on his DD Form 398. It appears his SSN was incorrectly entered on his
DD Form 214 as a result of an administrative error. Therefore, his DD Form 214 should be corrected to reflect his correct SSN.
2. The military HOR and legal address are not always the same. The HOR is the city and state a service member claimed as a legal residence on his enlistment contract upon his initial enlistment. A legal address refers to the place where a service member intends to return to and live after discharge or retirement, and which they consider their permanent home. The legal address determines what state tax laws a service member is subject to, and in which local city, county, and state elections they may vote.
3. The applicant's records contain an enlistment contract listing the same home of record reflected on his DD Form 214. Further, the applicant has not provided evidence to show that his HOR was entered incorrectly on his enlistment contract. Therefore he is not entitled to have the HOR on his DD Form 214 changed.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 3 (SSN) of his DD Form 214 to list his SSN as noted on his
DA Form 20.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his HOR.
_____________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) AR20110023456
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023456
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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