IN THE CASE OF:	  

		BOARD DATE:  6 December 2012

		DOCKET NUMBER:  AR20120009740 


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 Tarpley, Texas.

2.  The applicant states he was born in Texas.  His mother and grandparents were also native Texans.  As a dependent, he had no choice but to leave Texas because of his father's place of work.

	a.  When he entered the U.S. Army Reserve (USAR) his HOR was in Texas.

	b.  He entered the USAR in Alabama and served in the Army for more than 20 years.  However, he maintained a Texas driver's license, was registered to vote in the State of Texas, and it was always his goal to retire in Texas.

3.  The applicant provides copies of his birth certificate, driver's license, and DD Form 214.

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 USAR as a cadet at the University of Alabama for a period of 6 years on 31 August 1981.  His DD Form 4 (Enlistment/
Reenlistment Document – Armed Forces of the United States) does not show an HOR.

3.  U.S. Army Third Reserve Officers' Training Corps (ROTC) Region Senior Program, University of Alabama, Orders 4-1, dated 28 February 1984, discharged the applicant from the USAR Control Group (ROTC) on 28 February 1984.  The orders show his HOR as "Uniontown, AL."

4.  Headquarters, U.S. Army Third ROTC Region, Fort Riley, KS, letter, dated 29 February 1984, appointed the applicant as a Reserve commissioned officer of the Army.  It was addressed to the applicant at an address in "Uniontown, AL."

5.  A DA Form 160 (Application for Active Duty), dated 20 February 1985, shows the applicant volunteered to enter active duty for an indefinite period.  Item 6a (Permanent Home Address) shows, in part, "Uniontown, AL."

6.  Headquarters, U.S. Army Infantry Center, Fort Benning, GA, 
Orders 51-3-A-217, dated 29 April 1985, ordered the applicant to active duty on 6 April 1985 for a period of 3 years.  The orders show his HOR as "Uniontown, AL."

7.  The applicant's DD Form 214 shows he entered active duty on 25 November 1984 and he was honorably retired on 28 February 2005.  He completed 20 years, 3 months, and 6 days of total active service.  It also shows in:

	a.  item 7a (Place of Entry into Active Duty), "Uniontown, AL";

	b.  item 7b (HOR at Time of Entry), "Uniontown, AL"; and

	c.  item 19a (Mailing Address After Separation) and item 19b (Nearest Relative), an address in San Antonio, TX.

8.  A review of the applicant's military service records failed to reveal any evidence that he requested a change to his HOR or that the U.S. Army Human Resources Command (HRC) approved a change to the applicant's HOR.

9.  In support of his application, he provides the following documents:

	a.  A State of Texas Department of Health Certificate of Birth shows the applicant was born in Beaumont, TX, on 13 July 1960.  It shows his mother's birthplace was in Texas and that she resided in Beaumont, TX.  It also shows his father's birthplace was in Alabama.

	b.  His Texas driver's license, issued on 23 February 2010, shows an address in San Antonio, TX.

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  The instructions for items 7a and 7b state a Soldier's initial enlistment contract or appointment document is the source for this data or any approved change by HRC.

	a.  For item 7a, enter the city and state where the Soldier entered active duty.

	b.  For item 7b, enter the street, city, state, and zip code listed as a Soldier's HOR.  "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.  An HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier's career.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 7b of his DD Form 214 should be changed to show his HOR is "Tarpley, TX" because his HOR was in Texas when he entered military service.

2.  The evidence of record shows that at the time of the applicant's discharge from the USAR ROTC, upon his appointment in the USAR as a Reserve commissioned officer, on his application for active duty, and upon being ordered to active duty, his HOR was consistently recorded as "Uniontown, AL."

	a.  The evidence of record also shows the applicant had continuous active duty service from 25 November 1984 through the date he was honorably retired on 28 February 2005.

	b.  There is no evidence that the applicant had a break in service of at least 1 full day, or that he requested a change to his HOR and HRC approved a change to his HOR.

	c.  In addition, the governing regulation states the HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.

   d.  The evidence of record clearly and consistently shows the applicant's HOR as "Uniontown, AL."

3.  Thus, the evidence of record shows that the applicant's HOR was correctly recorded on his DD Form 214 when he retired from active duty on 28 February 2005.

4.  Therefore, in view of all of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20120009740



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ABCMR Record of Proceedings (cont)                                         AR20120009740



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