IN THE CASE OF:	 

		BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120006337


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 Texas as his home of record (HOR).

2.  The applicant states he was in the Reserve Officers' Training Corps (ROTC) Program at the University of Idaho where he entered active duty following his commissioning.  He was a resident of Texas at the time who only resided in Idaho to attend school.  He has a document that shows he was not a resident of Idaho and another that shows he was a resident of Texas.  He concludes by stating he did not attain residency in Idaho because he was only attending college there.

3.  The applicant provides:

* DD Form 214
* an extract of student information from the University of Idaho
* an extract from the U.S. Army Cadet Command Information Management System (CCIMS)
* an extract of student information from McLennan Community College

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 (USAR) as an ROTC cadet on 19 August 1999.

* item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his HOR as Valley Mills, TX
* item 4 (Place of Enlistment/Reenlistment) of his DD Form 4 shows he enlisted at the University of Idaho in Moscow, ID

3.  On 18 August 1999, he completed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) as part of his enlistment in the USAR where he listed his HOR as Valley Mills, TX, in item H (Address of Record).

4.  Orders 183-14-A-1981 issued by Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, dated 2 July 2002, ordered him to active duty for a period of 4 years upon acceptance of his appointment in the USAR.  These orders show his HOR as Moscow, ID.

5.  On 30 August 2002, he was appointed as a Reserve commissioned officer of the Army in the rank/grade of second lieutenant/O-1 and in the aviation branch.  His appointment memorandum shows his address as Valley Mills, TX.

6.  On 21 October 2002, he entered active duty to fulfill his ROTC service requirement.

7.  On 1 September 2004, he was honorably discharged from the Army under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of disability with severance pay.  His DD Form 214 shows he completed 1 year, 10 months, and 11 days of net active service during this period of active duty.

* item 7a (Place of Entry into Active Duty) of his DD Form 214 shows he entered active duty in Moscow, ID
* item 7b (HOR at Time of Entry) of his DD Form 214 shows his HOR as Moscow, ID

8.  The applicant provides extracts from the University of Idaho and the U.S. Army CCIMS which show his resident status during his period of attendance at the University of Idaho as "non-resident."

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show Texas as his HOR was carefully considered and determined to have merit.

2.  The evidence of record shows he enlisted in the ROTC Program as a cadet and he listed Valley Mills, TX, as his HOR.  Additionally, his appointment memorandum shows his address as Valley Mills, TX.  Despite entering active duty from his residence at the University of Idaho, the preponderance of evidence shows he used Texas as his HOR.

3.  Army Regulation 635-5 states the information contained on the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service and defines a Soldier's HOR as the HOR he or she maintained at the time of commissioning, appointment, enlistment, or upon being ordered to a tour of active duty.  His HOR at the time of enlistment and commissioning was Valley Mills, TX; therefore, it appears his HOR was inaccurately reflected on his initial active duty orders and his DD Form 214.  Accordingly, it would be appropriate to correct his DD Form 214 to reflect Valley Mills, TX, as his HOR.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the current entry from item 7b of his DD Form 214 and replacing it with the entry "XXX 4th Street, Valley Mills, TX  76689."



      ____________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)                                         AR20100022014



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ABCMR Record of Proceedings (cont)                                         AR20120006337



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