BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120005846 


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 show his home of record (HOR) as "Rt X, Box 1XX, RXXXXXXville, Alabama, 35XXX" instead of "9XX S. XXD, ArXXXXXX City, Kansas 67XXX."

2.  The applicant states he was living in Alabama at the time of his enlistment in the Army.  His address should be the requested address.  When he noticed the Army had used the incorrect address at the Military Entrance Processing Station (MEPS) he asked for it to be corrected at that time.  He was told not to worry about it and that it would be corrected.  He did not realize the impact on his benefits until later. 

3.  The applicant provides:

* DD Forms 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) for the period 7 October 1985 (enlistment) and 31 July 1990 (reenlistment)
* DD Form 214
* Two statements, one of which is from his wife

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 under the Delayed Entry Program (DEP) on 7 October 1985.  Item 3 (HOR) of his DD Form 214 listed his HOR as "9XX S. XXD, ArXXXXXX City, Kansas 67XXX." (the contested HOR).

3.  He also completed multiple allied documents in connection with this enlistment.  In Section IV (Other Background Data) of his DD Form 1966/3 (Record of Military Processing-Armed Forces of United States), he listed this address and indicated he had resided at this address from March 1985 to the date of enlistment.  

4.  He was discharged from the DEP on 18 November 1985 and subsequently enlisted in the Regular Army for 4 years on that date.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 13B (Cannon Crewmember).

5.  He served in Germany from on or about 14 November 1987 to 15 August 1991.  He was assigned to B Battery, 1st Battalion, 36th Field Artillery, Reese Kaserne.

6.  While in Germany, he executed a 4-year reenlistment in the Regular Army on 31 July 1990.  Item 3 of his DD Form 4 for this period of service listed his HOR as "Rt X, Box 1XX, RXXXXXXville, Alabama" (the requested HOR).

7.  On 4 January 1995, Headquarters, I Corps Military Personnel Division, Fort Lewis, WA, published Orders 1-6 ordering his honorable discharge effective 12 January 1995.  The orders listed his HOR as "ArXXXXXX, Kansas" (the contested HOR).

8.  He was honorably discharged from active duty on 12 January 1995.  The DD Form 214 he was issued shows in item 7b (Home of Record at Time of Entry (City and state, or complete address if known)) - "9XX S. XXD, ArXXXXXX City, KS 67XXX" (the contested HOR).


9.  He provided:

	a.  An undated statement from his wife who states her husband, the applicant, entered the Army from the State of Alabama.  In early November 1985, they moved from Kansas to Alabama.  They moved into his parent's house in Alabama.  He then entered active duty through the Nashville MEPS.  Upon completion of advanced individual training, they moved to Hinesville, GA.

	b.  An undated statement from his mother who states that her son, the applicant, and his wife moved with his father on 4 November 1985 at the requested address.  Her son then decided to go into the service and his father went with him to the recruiter's office in Alabama where he enlisted in the Army.

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the policies and procedures for the preparation of enlistment contracts.  It states, in pertinent part, that the HOR address entered on the enlistment contract will be the address declared by the applicant to be their permanent home or actual home at the time of enlistment.  A temporary address will not be entered.  

11.  The Joint Federal Travel Regulation (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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his HOR should be changed to show the address in Alabama vice the one in Kansas was carefully considered.  However, there is insufficient evidence to support this claim.

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

3.  In this case, the evidence of record contains an enlistment contract authenticated by the applicant at the time of his initial entry into the Army in October 1985. This official document confirms his HOR as "9XX S. XXD, ArXXXXXX City, Kansas 67XXX."  Nowhere in his enlistment contract or allied documents is any reference made to another HOR in Alabama.  He enlisted in October 1985 while living in Kansas; all he did in November 1985 was enter active duty.

4.  The applicant's contention that this affects his benefits is also noted.  However, the ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  As a result, absent any error being made in the HOR recorded at the time of his entry into service, there is an insufficient evidentiary basis to support granting 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 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)                                         AR20120005846





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ABCMR Record of Proceedings (cont)                                         AR20120005846



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