BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120005624
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 item 7b (Home of Record (HOR) at the Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "XXXXX B____ R____ Drive, San Antonio, TX 78249, vice "XXX T____ Drive, Fieldale, VA 24089."
2. He states his residence was "XXXXX B____ R____ Drive, San Antonio, TX," upon entering the military. His parents reside at "XXX T____ Drive, Fieldale, VA," but he was not living with them when he entered the military.
3. He provides no additional evidence.
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 Army Military Human Resource Record contains a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows he enlisted in the U.S. Army Reserve Delayed Entry Program on 27 November 1989 and was ordered to report to the Richmond Military Entrance Processing Station (MEPS), Richmond, VA, for enlistment in the Regular Army (RA) on 7 March 1990. Item 3 (HOR) of this DD Form 4 contains the entry "Fieldale, VA" and item 4 (Place of Enlistment/Reenlistment) contains the entry "MEPS, Richmond, VA."
3. His records contain three subsequent DD Forms 4 which show he reenlisted in the RA on 10 February 1994, 28 October 1997, and 12 July 2001. These DD Forms 4 show his HOR as "Fieldale, VA."
4. His record contains a DA Form 1966 (Record of Military Processing Armed Forces of the United States) that shows in:
* item 4 (Current Address), the entry "Fieldale (Henry) VA"
* item 5 (HOR), the entry "Fieldale (Henry) VA"
* item 17 (Place of Birth), the entry "Martinsville, VA"
* item 25 (Residence) from November 1984 to Present (date of enlistment), the entry "Fieldale, VA"
5. On 31 March 2010, he retired honorably after serving on active duty continuously for a total of 20 years and 24 days. Item 7a (Place of Entry) of his DD Form 214 shows "Richmond, VA." Item 7b shows "Fieldale, VA," as his HOR at the time of his entry on active duty.
6. There is no evidence in his record nor did he submit any evidence that shows he changed his HOR or entered active duty in or lived in "San Antonio, TX" at the time he enlisted.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides guidance for the place of entry and HOR at the time of entry on active duty and states the source document for this information is the appointment document or the order to active duty that records the HOR. This cannot be changed unless there is a break in service of at least 1 full day.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows his HOR was listed as "Fieldale, VA," throughout his military service. He stated in his DD Form 1966 that he had lived in Fieldale, VA since 1984. There is no evidence and he did not submit any evidence that shows his HOR was changed to "San Antonio, TX," during his military service. Accordingly, his HOR is correctly documented throughout his military record and there is no basis upon which to grant 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 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) AR20120005624
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