BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120005655 


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 (Certificate of Release or Discharge from Active Duty) to change his home of record (HOR) from Washington D.C. to Alabama.

2.  The applicant states he was staying with a relative in Washington D.C. while he was searching for a job.  The address was not supposed to be used for the purposes of establishing a permanent local address.

3.  The applicant provides:

* His DD Form 214
* Letter from the Army Board for Correction of Military Records (ABCMR), dated 18 August 2011
* Letter from the ABCMR, dated 14 March 2011
* Letter from the applicant, undated
* Honorable Discharge Certificate
* Fax coversheet 
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DD Form 1966 (Application for Enlistment - Armed Forces of the United States)
* Letter for the applicant, dated 1 June 2011
* Orders Number 53-1, dated 23 March 1993


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 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 Army National Guard (ARNG) on 7 May 1985 and held military occupational specialties 46Q (Senior Journalist) and 00E (Recruiter). 

3.  His record contains a DD Form 1966, dated 7 May 1985.  Item 4 (HOR) lists his HOR as Washington D.C.  Item 28 (Residences) shows he lived in Seattle, WA, from August 1983 to September 1984 and apparently was a student at the University of Virginia in Richmond, VA from September 1979 to May 1983.  No relatives are listed on the form.  Nowhere does the form indicate he ever lived in Alabama.  He signed this contract in the appropriate block.

4.  His record contains a DD Form 4, dated 7 May 1985.  Item 3 (HOR) lists his HOR as Washington D.C.  He signed this contract in the appropriate block.

5.  There is no record of Alabama ever being listed as his HOR.

6.  His DD Form 214 shows he was discharged on 1 April 1993.  Item 7b. (HOR at Time of Entry) of this form lists his HOR as Washington D.C.

7.  He submitted several letters which essentially indicate the Washington D.C. address was never supposed to be used as his HOR.  It was only a temporary address he used while job hunting in the Washington D.C. area.  He stated he mentioned this to his recruiter and he was told he could have his HOR changed to his address in Alabama at a future date.

8.  Army Regulation 601-210 (Regular Army 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.

9.  The Joint Federal Travel Regulation provides 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 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 contains enlistment documents listing his HOR as Washington D.C.  Further, the applicant has not provided evidence to show his HOR was entered incorrectly on his enlistment contract.

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.  Based on the forgoing, the applicant's requested relief 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)                                         AR20120005655



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ABCMR Record of Proceedings (cont)                                         AR20120005655



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