IN THE CASE OF:	  

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120003423 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 11 June 2004, to show Phenix City, Alabama, as her home of record (HOR).

2.  The applicant states her HOR at the time of entry was in the State of Alabama.

3.  The applicant provides:

* DD Form 214, dated 11 June 2004
* DD Form 214, dated 29 February 2000
* Self-authored letter to the Army Review Boards Agency, dated 6 February 2012
* Memorandum for Whom it May Concern, dated 19 January 2012
* Letter from the Alabama Power Customer Service Center, dated 31 January 2012

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 enlisted in the U.S. Army Reserve on 8 September 1995.  Her DD Form 4/1 (Enlistment Contract) shows her HOR as Miami, Florida.  Her DD Form 1966/1 (Record of Military Processing) shows Miami, Florida, as her HOR. 

3.  The applicant enlisted in the Regular Army (RA) on 31 January 1996.  On 29 February 2000, the applicant was released from active duty (REFRAD) upon completion of her required active service.  Item 7.b (Home of Record at Time of Entry) on her DD Form 214 for this period shows her HOR as Miami, Florida.

4.  On 2 October 2001, the applicant enlisted in the Army National Guard.  She was ordered to active duty, effective 2 June 2003.  Her DD Form 4/1 shows Columbus, Georgia, as her HOR.  Her DD Form 1966/1 shows Columbus, Georgia, as her HOR.

5.  The applicant was REFRAD on 11 June 2004, upon completion of her required active service.  Item 7.b on her DD Form 214 for this period of service shows Fort Gordon, Georgia, as her HOR.

6.  There is no evidence in the applicant's official military record showing Phenix City, Alabama, as her HOR.

7.  The applicant submits a letter from a Georgia Army National Guard Readiness Noncommissioned Officer who contends that the applicant and he resided in the same household for a minimum of 2 years prior to her 2003 deployment.  She submits a letter from the Alabama Power Customer Service Center, which states that electrical service was provided to the applicant from 6 October 2001 through 17 September 2002.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or REFRAD.  It establishes standardized policy for preparing and 

distributing the DD Form 214.  The regulation states a Soldier's initial enlistment contract or appointment document is the source for this data, or any approved change by the Enlisted Records Center (EREC).  "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 (Joint Federal Travel Regulations, Volume 1, App A, Part I).  HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domiciles may change during a Soldier's career.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  Her supporting evidence has been considered.

2.  Although she submits a letter from the Alabama Power Customer Service Center stating that electric service was provided to her in Phenix City, Alabama, it is insufficient evidence to show that address was her HOR.

3.  The available evidence shows that when the applicant enlisted in the USAR her HOR was Miami, Florida.  When she enlisted in the ARNG her HOR was changed to Columbus, Georgia.

4.  The applicable regulation states a Soldier's initial enlistment contract or appointment document is the source for the HOR, or any approved change by EREC.  "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.  There is no evidence in the available record showing that the applicant's HOR was Phenix City, Alabama.

5.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20120003423





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ABCMR Record of Proceedings (cont)                                         AR20120003423



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