IN THE CASE OF:	  

		BOARD DATE:	  31 July 2012

		DOCKET NUMBER:  AR20120001730 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 February 2006 to show her home of record in Texas as shown on her DD Form 214 for the period ending 26 March 2001.

2.  The applicant states she entered the U.S. Army Reserve (USAR) in 2000 at Dallas, TX.  At the time she was living in Grand Prairie, TX.

	a.  She entered active duty for training (ADT) on 1 August 2000.  She completed ADT at which time she was honorably released from active duty (REFRAD) on 26 March 2001.  The DD Form 214 she was issued at the time shows her HOR as xxx La Fiesta Drive, Grand Prairie, TX.

	b.  Subsequent to her REFRAD, she relocated to Germany with her spouse, who was on active duty.  She was then mobilized in 2005.  When she was REFRAD in 2006, her HOR on her DD Form 214 was incorrectly recorded to show her HOR as their residence address in Mannheim, Germany.

	c.  She requests this correction in order to qualify for State of Texas veterans' benefits.

3.  The applicant provides copies of her DD Forms 214 for the period ending
26 March 2001 and 6 February 2006.


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 military personnel records on the interactive Personnel Electronic Records Management System (iPERMS) do not contain a copy of her
DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States).  However, her iPERMS record contains the following documents that show her address as shown on her DD Form 214 for the period ending 26 March 2001:

* Four DD Forms 369 (Police Record Check), dated 12 January 2000
* Standard Form (SF) 88 (Report of Medical Examination), dated
22 January 2000

3.  A DD Form 214 shows the applicant entered active duty on 1 August 2000, she was honorably REFRAD on 26 March 2001 based on completion of required active duty, and she was transferred to a USAR unit (i.e., 145th Logistics Support, Seagoville, TX 75159).  She completed 7 months and 26 days of net active service this period.  It also shows in:

	a.  item 6 (Reserve Obligation Termination Date):  30 January 2008;

	b.  item 7a (Place of Entry into Active Duty):  "Dallas, TX";

	c.  item 7b (HOR at Time of Entry):  "xxx La Fiesta Drive, Grand Prairie, TX 75052"; and

	d.  item 19a (Mailing Address After Separation):  "xxx La Fiesta Drive, Grand Prairie, TX 75052"


4.  Orders 04-308-00013, issued by Headquarters, 77th Army Reserve Command, Unit 29238, APO AE (Army Post Office Army Europe) 09102, dated
3 November 2004, ordered the applicant to active duty as a member of her Reserve unit on 7 January 2005 for a period of 545 days in support of Operation Enduring Freedom (OEF).

	a.  She was further ordered to report to the U.S. Army Europe Mobilization Support Center, Schwetzingen, Germany (GE).

	b.  The "For Army Use" section shows:
   
* "HOR:  Mannheim, GE"
* "PEBD (Pay Entry Basic Date):  31 January 2000"

5.  Orders 019-08, issued by the Heidelberg Transition Center, Unit 29237, APO AE 09102, dated 19 January 2006, show the applicant was REFRAD on
6 February 2006 and assigned to Headquarters, 77th Army Reserve Command (Minus), APO AE 09104-9238.

	a.  The orders show her terminal date of Reserve obligation was 30 January 2008.

	b.  The "For Army Use" section shows:
   
* "HOR:  Mannheim, GE"
* "Place EAD or OAD (Entered Active Duty or Ordered to Active Duty): Grafenwoehr, GE"

6.  A DD Form 214 shows the applicant entered active duty on 7 January 2005, she was honorably REFRAD on 6 February 2006 based on completion of required active service.  She completed 1 year and 1 month of net active service this period; 7 months and 26 days of total prior active service; 4 years, 3 months, and 10 days of total prior inactive service; and 1 year and 1 month of foreign service.  It also shows in:

	a.  item 6:  30 January 2008;

	b.  item 7a:  "Grafenwoehr, Germany";

	c.  item 7b:  (in part) "Mannheim, Europe 68159, Germany"; and


	d.  item 19a (Mailing Address After Separation):  "xxxx B. Nutmeg Court, Fort Gordon, GA  30905"

7.  Orders 08-018-00036, issued by Headquarters, Civil Affairs and Psyop Command, Fort Bragg, NC, dated 18 January 2008, honorably discharged the applicant from the USAR.  These orders show her address as "xxx La Fiesta Drive, Grand Prairie, TX  75052-5314."

8.  There is no evidence in the applicant's military service records that shows she requested a change to her HOR or that the U.S. Army Human Resources Command (HRC) approved a change to the applicant's HOR.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes the instructions for completing enlistment documents.  It states that the home of record address will not be a temporary address.

10.  Army Regulation 601-201, figure 6-1, contains a sample of the DD Form 1966 (Record of Military Processing – Armed Forces of the United States) and instructions for completing the form.  Item 4 (Home of Record Address) of the DD Form 1966 states, "enter street, county, state, and zip code.  Do not enter a temporary address.  Address must be CONUS or a U.S. Territory."  

11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  The instructions for items 7a and 7b state a Soldier's initial enlistment contract or appointment document is the source for this data, or any approved changed by HRC.

	a.  For item 7a enter the city and state where the Soldier entered active duty.

	b.  For item 7b enter the street, city, state, and zip code listed as a Soldier's HOR.  "Home of Record" 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. 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 7b of her DD Form 214 for the period ending
6 February 2006 should be changed to show her HOR is "xxx La Fiesta Drive, Grand Prairie, TX" because it was incorrectly recorded with an address in Mannheim, Germany.

2.  The evidence of record shows that upon the applicant's enlistment in the USAR she declared her HOR was "xxx La Fiesta Drive, Grand Prairie, TX  75052."

	a.  The evidence of record also shows the applicant had continuous service as a member of the USAR from 31 January 2000 through the date she was REFRAD on 6 February 2006.

	b.  There is no evidence that the applicant had a break in service of at least
1 full day, or that she requested a change to her HOR and HRC approved a change to her HOR.

	c.  In addition, the governing regulation states a HOR must be CONUS or a U.S. Territory.

3.  Thus, records show the applicant's HOR was incorrectly recorded on her orders when she was ordered to active duty in support of OEF on 7 January 2005.  As a result, the incorrect HOR was recorded in item 7b of her DD Form 214 for the period ending 6 February 2006 when she was honorably REFRAD.

4.  In view of the foregoing, the applicant's DD Form 214 for the period ending
6 February 2006 should be corrected as recommended below.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 7b of her DD Form 214 for the period ending 6 February 2006 the current entry and replacing it with the home of record entry as shown on her DD Form 214 for the period ending 26 March 2001.



      ____________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)                                         AR20120001730



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ABCMR Record of Proceedings (cont)                                         AR20120001730



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