IN THE CASE OF:	

		BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110024688 


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 (Report of Separation from Active Duty) to show his home of record (HOR) as Fort Worth, TX instead of Denver, CO.

2.  He states:

* he was a resident of Texas when he submitted his application for admission to the armed services, but he mistakenly wrote Denver, CO on his application
* he joined the service in Denver, CO but his HOR was Fort Worth, TX
* he has submitted his Certificate of Birth to support his contention that Fort Worth, TX was his HOR
* he is endeavoring to continue his education at the University of Houston - Victoria, but his application for tuition assistance is being denied because his HOR reflects Denver, CO on his DD Form 214

3.  He provides his Certificate of Birth.  

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 was born on 30 January 1955.  He enlisted in the Regular Army on 31 October 1974.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) indicates he enlisted at the Military Entrance Processing Station in Denver, CO.  His place of birth is listed as Fort Worth, TX; however, his HOR is listed as xxxx Race Street, Denver, CO  80205.

3.  The applicant’s DD Form 398 (Statement of Personal History) shows he resided at xxxx Race Street, Denver, CO from 1956 – 1972; in Utica, NY from 1972 – 1973; and at xxxx Race Street, Denver, CO from 1973 to the present.

4.  He was honorably discharged on 30 September 1976 for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time shows in:

* Item 8c (HOR at Time of Entry into Active Service) the entry "xxxx Race Street, Denver, CO  80205
* Item 14 (Place of Entry into Current Active Service) the entry "Armed forces Entrance and Examining Station (AFEES) Denver CO  80202"
* Item 28 (Mailing Address After Separation) the entry "xxx Weaver Avenue, Fort Worth, TX  76114"

5.  He reenlisted on 1 October 1976.  His DD Form 4 shows his HOR as xxx Weaver Avenue, Fort Worth, TX  76114.

6.  His DA Form 2-1 (Personnel Qualification Record – Part II) indicates his HOR as Fort Worth, TX.

7.  Orders 178-4, issued by the U.S. Army Retraining Brigade, Fort Riley, KS, dated 14 September 1979, released him from active duty and assigned him to the U.S. Army Reserve (USAR) Control Group (Standby), St. Louis, MO to complete his remaining service obligation.  These orders show his HOR as
xxx Weaver Avenue, Waco, TX  76114.

8.  On 23 October 1979, he was honorably released from active duty at the expiration of his term of service.  There was no provision for entering a Soldier's HOR on the DD Form 214 for this period of service.

9.  He provides a copy of his Certificate of Birth that shows his place of birth as Fort Worth, TX.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The 
DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The version in effect at the time of his initial enlistment stated to enter the HOR at the time of entry into active duty as shown on enlistment or induction record, regardless of place physically located at the time of entry on active duty.  Item 8c of the DD Form 214 during the applicant's initial period of enlistment shows the street, city, state and ZIP code listed as the Soldier’s HOR.  Item 14 shows the place of entry into current active duty.  The "HOR" is the place recorded as the HOR of the 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 (Joint Federal Travel Regulations (JFTR), Volume 1, App A, Part I).  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.

11.  The JFTR provides, in pertinent part, 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 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.

12.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Table 5-2 of this regulation states that the term "HOR" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty.



DISCUSSION AND CONCLUSIONS:

1.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment, or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made.

2.  In this case, the evidence of record shows upon his initial enlistment in the RA in 1974 the applicant listed "Denver, CO" as his HOR.  He also listed on his     DD Form 398 that he had lived in Denver, CO almost his entire life, beginning in 1956.  Accordingly, when his DD Form 214 was prepared upon discharge on     30 September 1976, it listed this HOR.

3.  On 1 October 1976, when he reenlisted he listed his HOR as "Fort Worth, TX."  That appears to have been an error as the HOR cannot be changed unless there is a break in service.  The DD Form 214 he received in 1979 did not contain an entry for the HOR.

4.  The applicant's HOR appears not to be in error on the applicant's DD Form 214 for the period ending 30 September 1976.  It listed the proper HOR as indicated by the applicant upon his initial enlistment as supported by his initial
DD Form 4 enlistment contract.

5.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct HOR in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

6.  The applicant is further advised that the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.









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)                                         AR20110024688



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ABCMR Record of Proceedings (cont)                                         AR20110024688



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